JARNAIL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Vide this order, the abovementioned two revision petitions filed under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) would be disposed of.

(2.) Respondents-Accused-Baljinder Singh and Budh Singh @ Baljit Singh along with Mehar Singh (since deceased and proceedings qua him were abated before the trial Court) faced trial for an offence under Sections 323, 324 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 33 dated 2006 registered at the instance of Jarnail Singh at Police Station Jagraon, District Ludhiana . The trial Court, vide impugned judgment dated 18.2015, convicted accused-Baljinder Singh under Sections 323,324 read with Section 34 IPC and, however, acquitted him of the offence punishable under Section 326 IPC. Accused-Budh Singh was acquitted of the charges framed against him. Thereafter, the trial Court vide order of sentence dated 18.2015 released the accused-Baljinder Singh on Probation on executing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount for a period of two years being a first offender. The trial Court observed that since the convict deserve a chance of rehabilitation in the arrest, therefore, he is entitled to be released on probation under Section 4 (1)(a) of the Probation of Offenders Act,1958. Petitioner-Jarnail Singh challenged this judgment and order of sentence by filing two appeals and both were dismissed by the appellate Court vide impugned judgment dated 30.1.2016.

(3.) Hence, the present revision petitions wherein prayer in CRR-1479-2016 is to set aside the judgment of acquittal passed by both the Courts below qua Budh Singh and prayer in CRR-1390- 2016 is for setting aside the judgment acquitting Baljinder Singh under Section 326/34 IPC and to further award appropriate sentence instead of releasing him on probation.