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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Hoshiar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. This judgment shall dispose of aforementioned three cases i.e. CRA-S-1792-SB-2004, CRR-2265-2004 and CRR-502-2025 arising out of the same factual matrix, as these are version and cross-version cases.
2. CRA-S-1792-SB-2004 has been preferred by the appellants-accused against the judgment of conviction and the order of sentence dated 31.08.2004 passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana, in FIR No.141 dated 13.12.1998 under Sections 307, 452, 325, 324, 34 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Sahnewal, vide which the appellants were convicted under Sections 323, 324, 325, 452 read with Section 34 of IPC and were sentenced to undergo rigorous imprisonment for a maximum period of two years and to pay a fine of Rs.1,500/- each along with default mechanism.
3. CRR-2265-2004 has been filed by petitioner-complainant Bakhshish Singh, in FIR (supra), for enhancement of the sentence awarded by learned trial Court to the respondents-accused and also for their conviction under Section 307 of IPC.
4. CRR-502-2005 has been preferred by petitioner-complainant Hoshiar Singh, in the
The main legal point established in the judgment is the consideration of the nature of the injury and the circumstances of the case in altering the conviction under Section 307 I.P.C. to Section 324/....
The main legal point established in the judgment is the court's reliance on overwhelming evidence to prove the petitioner's guilt beyond reasonable doubt, leading to the affirmation of the judgment o....
The principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.
Section 324 I.P.C. is as voluntarily causing hurt by dangerous weapons or means.
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