VINOD KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition is preferred against the judgment dtd. 28/11/2019 passed by the learned Sessions Judge, Jalandhar, vide which the appeal against judgment of conviction and order of sentence dtd. 5/12/2018 passed by the learned Judicial Magistrate 1st Class, Jalandhar, in FIR No.122 dtd. 31/5/2001 registered under Ss. 458/325/323/506/148/149 of IPC, has been modified. The petitioner was sentenced by the learned trial Court as under:

(2.) The facts, in brief, are that the complainant, along with his mother started residing in the house of his sister, namely, Bholi, to look after her children as Ramesh Chander @ Karamveer, used to harass the sister of the complainant due to which she started living with her husband in Jammu. On 30/5/2001 at about 09:30 P.M., Ramesh Chander @ Karamveer armed with datar, Bittu armed with bat and Vinod (the petitioner herein) empty handed trespassed into the house of the sister of the complainant and caught hold the complainant and dragged him outside the house and given beatings. The accused/petitioner caught hold the complainant and Ramesh Chander @ Karamveer gave two datar blows from its reverse side which hit on the legs of the complainant above the knee. Bittu gave two bat blows which hit the right hand and left leg of the complainant. On seeing this, the mother of the complainant came to his rescue and Bittu gave her three bat blows which hit on the thumb of her left hand, right knee and back. Thereafter, on raising the alarm, all the accused persons fled away from the spot by extending threats and as a result, the FIR (supra) was registered.

(3.) After assessing the material available on record, the learned trial Court convicted the petitioner vide judgment dtd. 5/12/2018. Aggrieved by the same, the petitioner preferred an appeal before the learned lower Appellate Court, which was dismissed vide judgment dtd. 28/11/2019, however, modified the order of sentence of the petitioner to that of the period already undergone by him.