Paramjeet Singh, J.:-

CRM-29273-2014

1. Allowed, as prayed for, subject to all just exceptions.

CRR-2997-2014

2. Challenge in the present criminal revision is to the judgment dated 19.05.2014 passed by Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur whereby accused-respondents no. 2 to 5 have been released on probation and order of sentence passed by the trial Court has been modified to this extent.

3. In brief, the facts relevant for disposal of instant revision are to the effect that complainant-Jasman Singh got recorded his statement to the police. In his statement, complainant alleged that he had purchased 4 kanals 6 marlas land from Joginder Singh, however, he had not taken the possession. In the joint land, he and Ram Pal entered into agreement of land measuring 64 kanals 12 marlas of land on 31.12.2009 with Kuldeep, Sukhjeet Singh, Sukhdev Singh sons of Jaswant Singh, Amarjit Kaur, Kuldeep Kaur and Jasbir Kaur for consideration amount of Rs. 27 lacs. The total price of Rs. 27 lacs was fixed and he was not in possession. On 10.05.2011, he and his brother Kewal Singh had gone to cultivate the land with his tractor. Then at about 5.00 p.m, his brother was ploughing the fields with his tractor and he was standing on the embankment (Watt). In the meantime, Sukhjeet Singh armed with gandasi, Major Singh armed with gandasi, Kaka Mund armed with stick, younger son of Ram Singh, Ex-Sarpanch came to him and Major Singh raised lalkara to teach them a lesson for entering in the fields. Then, Sukhjeet Sigh gave blow of gandasi which hit on the right side of his head, Kaka Mund gave stick blow which hit on the right side of his head, Kaka Mund gave stick blow which hit on the right side of his back, then Major Singh gave gandasi blow which hit reversely on the right thumb. Then he fell down on the ground. Sukhjeet Singh again gave gandasi blow which reversely hit below the right knee and younger son of Ram Singh gave kick blows. The complainant raised hue and cry upon which attracted his brother Kewal Singh, Joginder Singh, Kulwinder Singh and Mohinder Singh, who rescued him from the clutches of the accused. Thereafter, the accused fled away from the spot with their respective weapons. The complainant got admitted in the Civil Hospital, Hajipur. On the basis of his statement, FIR No. 18 dated 21.05.2011 was registered. Investigation was set into motion. The accused were arrested. After completion of investigation, challan against the accused was presented before the Court.

4. In support of its case, the prosecution examined complainant-Jasman Singh as PW 1, Kewal Singh as PW 2, Joginder Singh as PW 3, Dr. Sukhdev Singh as PW 4, ASI Bhupinder Singh as PW 5, ASI Major Singh as PW 6 and Gurdev Singh as PW 7. Thereafter, learned APP for State closed the prosecution evidence.

5. Statements of accused under Section 313 Cr.P.C. were recorded. All the incriminating evidence appearing against the accused was put to them. They denied the same and pleaded false implication. However, the accused did not lead any evidence in their defence.

6. The trial Court, vide judgment of conviction and order of sentence dated 12.11.2013, convicted all the accused under Sections 323 and 324 read with Section 34 of IPC and sentenced them, respectively, to undergo as under:

7. Against that, respondents no. 2 to 5 preferred appeal before Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, who upheld the judgment of conviction, however, reversed the order of sentence and released accused-respondents no. 2 to 5 on probation. Hence, this criminal revision.

8. I have heard learned counsel for the petitioner and perused the record.

9. Learned counsel for the petitioner vehemently contended that the trial Court has rightly convicted the accused and sentenced them accordingly for causing injuries with blunt as well as sharp edged weapons. The injuries inflicted on the person of the complainant are supported with the medical evidence. Learned counsel f

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