CHARANJIT SINGH Vs. JASVIR SINGH

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the order dtd. 4/4/2014 passed by the Lower Appellate Court vide which the Lower Appellate Court granted the concession of probation to respondents No. 1 and 2 under Sec. 4(1) of the Probation of Offenders Act, 1958 on their furnishing probation bonds in the sum of Rs.10,000.00 and with an undertaking to maintain peace and good behaviour for a period of 01 year and further the respondents/accused were directed to pay the costs of Rs.2500.00 each, which will be released to the complainant as a part of compensation for the injuries suffered by him.

(2.) Brief facts of the case are that the complainant - Sadhu Singh got the FIR No. 106 dtd. 31/10/2007 registered under Ss. 323, 325 read with Sec. 34 of the Indian Penal Code, (in short 'IPC') at Police Station Amargarh with the allegation that on 28/10/2007, he was talking to his grandson Charanjit Singh and Pal Singh, when the accused came and started irrigating their fields through the watercourse of the complainant and when he prevented them from doing so on the pretext that the common land was partitioned and they should irrigate their land from their own watercourse, respondent No. 1 - Jasvir Singh exhorted to teach him a lesson and gave a stick blow on his right wrist and bicep. Thereafter, respondent No. 2 - Balwinder Singh @ Binder gave him kick blow on his back and caused multiple injuries. The complainant was rescued by Charanjit Singh and Pal Singh and he was taken to Civil Hospital, Malerkotla where his MLR and X-ray was conducted and then, the FIR was registered.

(3.) After completing the investigation and on presentation of challan, the trial Court framed charge against the accused under Sec. 323, 325 read with Sec. 34 IPC, to which the accused did not plead guilty and claimed trial.