ALAMJIT SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS is Crl. Revision No. 709 of 1998 filed by one Alamjit Singh whereby he has prayed that the order passed by Judicial Magistrate 1st Class, Karnal dated 18.5.1998 in case F.I.R. No. 210 dated 8.5.1996 registered at Police Station Assandh under Sections 148/149/323/325/452/506 Indian Penal Code, whereby on conviction he has not sentenced them to substantive sentence but has ordered their release on probation of good conduct be set aside and instead they be substantively sentenced.

(2.) THE prosecution case, in brief, is that on 7.5.1996 at about 7 A.M. Amrik Singh reached the residential dera of Alamjit Singh alongwith Baj Singh, Dilbag Singh, Mohar Singh, Mangal, Joginder and Billu alias Hardev Singh on a tractor trolley armed with lathis and gandasis, Alamjit Singh's mother Gurmeet Kaur and wife Manjit Kaur were present in the house/dera. Amrik Singh etc. were constituting an unlawful assembly variously armed. They raised alarm that they will teach them lesson for not allowing the water to pass through their fields. They opened attack. Amrik Singh was armed with gandasi while others were armed with lathis. Amrik Singh dealt blow on the right hand of Alamjit Singh using gandasi dangwise. Baj Singh dealt lathi blow on the left hand of Alamjit Singh. Dilbag Singh dealt lathi blow on the right foot of Alamjit Singh. Mohar Singh dealt lathi blow on the left foot of Alamjit Singh. Joginder Singh dealt lathi blow on Gurmeet Kaur. Billu dealt lathi blow to Manjit Kaur. They raised alarm. Occurrence was witnessed by Alamjit Singh's father Balbir Singh and brother Rajbir Singh. They rescued them from the clutches of the accused. Matter was reported to the police by Alamjit Singh on 8.5.1996 on the basis of which case was registered. After investigation, Amrik Singh and others were challaned.

(3.) ON the conclusion of the trial, learned Judicial Magistrate Ist Class, Karnal found the charge proved against them under Sections 323/325/452/148 read with Section 149 Indian Penal Code and he, accordingly, convicted them thereunder vide order dated 16.5.1998. Vide order dated 18.5.1998, he instead of sentencing them at once to any imprisonment ordered their release on their entering into bonds without supervision in the sum of Rs. 10,000/- with one surety in the like amount for a period of six months. In addition, he called upon the accused to pay an amount of Rs. 3500/- as compensation be the shared by Alamjit Singh and his mother in equal shares.