DAYAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I propose to decide three revision petitions i.e. Crl. Revision No. 4310 of 2015 titled as Dayal Singh and others v. State of Punjab, Crl. Revision No. 4318 of 2015 titled as Saroop Singh and others v. State of Punjab and Crl. Revision No. 3949 of 2015 titled as Hari Chand v. State of Punjab. These revision petitions have been preferred challenging the order passed by the Additional Sessions Judge, Fazilka dated 07.09.2015 passed in four appeals preferred by the petitioners, which were dismissed and one revision petition preferred by the complainant Ashok Singh, which was allowed and the sentence imposed under Section 354 IPC stands enhanced from one year to four years apart from upholding the conviction and sentence under Sections 148, 298, 323, 324, 342, 355 and 357 IPC imposed by the Sub-Divisional Judicial Magistrate, Jalalabad (W) dated 06.01.2015. The sentences were ordered to run concurrently.

(2.) On 05.05.2017, the case came up for hearing when following order was passed:-

(3.) Briefly, the facts are that FIR No. 141 dated 07.06.2006 was registered at Police Station City Jalalabad under Sections 120- B/148/298/323/324/342/354/355/506/149 IPC on the statement of Ashok Singh alleging that the petitioners used violence against his parents, namely, Kartar Kaur and Khushal Singh on 07.06.2006 being members of unlawful assembly duly armed with deadly weapons and wrongly confined them. The accused had cut the hair of Kartar Kaur with the help of scissors and blackened her face with burnt oil, stripped her and paraded her on a cyclecart in the village. Injuries were also caused to Khushal Singh. After investigation, report under Section 173 Cr.P.C., 1973 was submitted in Court. Accused were charged under Sections 120-B, 148, 298, 323, 324, 342, 354, 355, 357 IPC read with Section 149 IPC, to which the accused-petitioners pleaded not guilty and claimed trial. After the trial, learned Sub-Divisional Judicial Magistrate, Jalalabad(W) convicted and sentenced the petitioners under Sections 148, 298, 323, 324, 342, 354, 355 and 357 read with Section 149 of the Indian Penal Code. Against the said conviction and sentence order, four appeals were preferred by the petitioners and one revision by the complainant-Ashok Singh for enhancement of sentence. Learned Additional Sessions Judge, Fazilka dismissed the appeals preferred by the petitioners, however, allowed the revision petition and enhanced the sentence imposed under Section 354 of the Indian Penal Code from one year to four years keeping intact the other sentences under various sections.