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2015 Supreme(P&H) 2285

IN THE HIGH COURT OF PUNJAB AND HARYANA
P.B. BAJANTHRI, J.
KULWANT SINGH AND ORS – Appellant
Versus
STATE OF PUNJAB – Respondent
CRA-S No. 2104-SB of 2003 (O&M)
Decided on : 15-12-2015

Advocates:
Advocate Appeared:
For the Appellant :G.K. Mann, Advocate
For the Respondent:Vaibhav Sharma, Deputy Advocate General

IMPORTANT POINT
.

Headnote:(A) Criminal Procedure Code, 1973, S.482 & S.320 – Quashing – Compromise – Non-Compoundable Offence – When the accused is convicted, High court should not accept compromise during pendency of appeal and acquit the accused. (Para 16)

       (B) Indian Penal Code, 1860, S.307, S.325 – Police Atrocities – Offence by police officers – Four police officers dragged complainant and other persons in police station and gave them severe beating – They were stripped in front of their family members/general public who were present in the police station – Compounding of offence on compromise not permitted – Prayer for release on prohibition also rejected – Probation of Offenders Act, 1958, S.4. (Para 16)

JUDGMENT :

P.B. BAJANTHRI, J.

1. Appellants in this appeal are the police personnels. On the allegations that they have harassed complainant and others, both mentally and physically, they were subjected to criminal proceedings which was ended in sentencing them as follows:--

Sr. No.

Name

Offence u/s

Sentence

1

Kulwant Singh

325 IPC

To undergo rigorous imprisonment for two years and to pay a fine of Rs. 200. In default of payment of fine to undergo further RI for 10 days.

 

 

367/34 IPC

To undergo rigorous imprisonment for one year and to pay a fine of Rs. 300. In default of payment of fine to undergo further RI for 15 days.

 

 

323 IPC

To undergo rigorous imprisonment for three months.

2

Kulwant Rai

367/34 IPC

To undergo rigorous imprisonment for one year and to pay a fine of Rs. 300. In default of payment of fine to undergo further RI for 15 days.

 

 

325/34 IPC

To undergo rigorous imprisonment for one year and to pay a fine of Rs. 300. In default of payment of fine to undergo further RI for 15 days.

 

 

323 IPC

To undergo rigorous imprisonment for three months.

3

Satnam Singh

367 IPC

To undergo rigorous imprisonment for two years and to pay a fine of Rs. 300. In default of payment of fine to undergo further RI for 15 days.

 

 

325/34 IPC

To undergo rigorous imprisonment for one year and to pay a fine of Rs. 200. In default of payment of fine to undergo further RI for 10 days.

 

 

323 IPC,

To undergo rigorous imprisonment for three months.

All the sentences were ordered to run concurrently.

2. Aggrieved by the judgment and order dated 27.10.2003 passed by the Sessions Judge (Adhoc), Fast Track Court, Gurdaspur, in Sessions Case No. 29 dated 15.5.1998, the present Criminal Appeal has been presented.

3. The prosecution story in brief is that on 23.1.1995 there was a marriage of daughter of Avtar Singh s/o Lachhman Singh r/o Rania. The marriage was performed at Saini Guest House, Gurdaspur. On the evening of 23.1.1995, there was a celebration at Avtar Singh's house, where all family members/relatives of Avtar Singh were assembled and they were performing 'Bhangra and Gidhha' in their house. At about 8.30 P.M. about 20 police personnels entered into Avtar Singh's house while abusing and beating the members of the family/relatives. Even ladies were not spared and they were also beaten up. One Beant Singh, retired Panchayat Officer who came there from his house and asked the reason for doing so from the police personnels. One of the policeman gave butt blow on the head of Beant Singh and he received head injuries and fell unconscious. He was rushed to Civil Hospital but the hospital authorities refused to give medical treatment and admit him as it was a case against the police. He was taken to Muni Lal Chopra Hospital, Amritsar. After giving beatings to Hardev Singh, Avtar Singh, Shamsher Singh, Beant Singh and other members of family/relatives, who were present, the police dragged them to the police station where they were also given beatings. Hardev Singh was stripped naked in the police station in the presence of his family members and other police personnels. The police persons showed their annoyance because they were not provided whiskey in the marriage. Hardev Singh, Avtar Singh and Shamsher Singh etc. were compelled to sign some blank papers by the police and had apprehension in their mind that the police personnels must have utilised the said papers for some written compromise, although no such compromise was ever effected. The complainant party approached police authorities for registration of criminal case against police officials, however, the complainants were not allowed to meet SSP Gurdaspur. On 29.1.1995,


































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