SWARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this revision petition, filed by Swaran Singhcomplainant, is for setting aside the judgment dated 18.04.2012 passed by the Lower Appellate Court, vide which, while upholding the conviction of respondents No.2 to 5/accused under Sections 323, 324, 325, 148 and 149 of IPC, their sentence was modified and they were released on probation of good conduct under Section 4(1) of the Probation of Offenders Act, 1958, on furnishing bonds in the sum of '20,000/- each with one surety in the like amount with an undertaking to keep and maintain peace for a period of one year. It was further directed that respondents No.2 to 5 / accused will deposit a sum of ' 8,000/- each as amount of compensation to be paid to the complainant in this case.

(2.) Brief facts of the case are that on the complaint made by petitioner-Swaran Singh, FIR No. 57 dated 07.06.1998 was registered under Sections 323, 324, 325, 148, 149 of IPC, at Police Station Ghall Khurd. It is stated in the FIR that the petitioner is an agriculturist and being the only legal heir/son of his parents, he was looking after his property and on 05.06.1998 at about 8.00 p.m., he had gone to his fields, when he reached his tubewell motor, his paternal uncle Ajaib Singh, Rachhpal Singh, Kuldeep Singh and Major Singh along with two other relatives were present on his tubewell motor and on his asking, they said that they would teach him a lesson for not giving them the motor. Thereafter, accused persons caused injury to the petitioner and when he raised a voice, his uncle Malook Singh and Jagtar Singh came at the spot and rescued him. Thereafter, the accused persons ran away from the spot.

(3.) On completing the investigation, report under Section 173 Cr.P.C. was submitted and charges were framed against the accused persons under Sections 323, 324, 325, 148, 149 of IPC. Thereafter, on the basis of evidence of the prosecution and the defence evidence led by the respondents No.2 to 5 / accused, the trial Court vide its judgment dated 22.04.2008, convicted the respondents No.2 to 5 / accused and vide order of sentence dated 22.04.2008, sentenced them to undergo rigorous imprisonment for a period of 02 years along with fine of '2,000/- each.