In the High Court of Punjab and Haryana at Chandigarh Reserved on : 30.5.2022 Date of Decision: 02.6.2022 Lakhwinder Singh and others ......Petitioners Versus State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR Present: Mr. K.S.Kahlon, Advocate for the petitioners.

Mr. Harpreet Singh Multani, AAG, Punjab.

Mr. Inderjit Sharma, Advocate for the complainant.

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S URESHWAR THAKUR , J.

1. The accused-convicts became charged for offences punishable, under, Sections 452, 326, 323, 427, 34 IPC. In respect of the afore drawn charges, against the accused-convicts, the learned Judicial Magistrate Ist Class, Batala, through an verdict made on 2.11.2011, rather convicted the accused/convicts. Moreover, through a separate sentencing order, drawn on 2.11.2011, he proceeded to sentence the accused-convicts in the hereinafter extracted manner.

Convict Kuldip Singh Under Section 452 IPC Rigorous imprisonment for two years and a fine of Rs. 500/-. In default of payment of fine, convict is further ordered to undergo rigorous imprisonment for one month.

Convict Manjit Singh Convict Lakhwinder Singh Under Section 452 IPC Rigorous imprisonment for two years and a fine of Rs. 500/-. In default of payment of fine, convict is further ordered to undergo rigorous imprisonment for one month.

Under Section 324/34 IPC Rigorous imprisonment for one year and a fine of Rs. 500/-. In default of payment of fine, convict is further ordered to undergo rigorous imprisonment for one month.

Under Section 323/34 IPC Rigorous imprisonment for six months and a fine of Rs. 200/-. In default of payment of fine, convict is further ordered to undergo rigorous imprisonment for 15 days.

Under Section 427 IPC Rigorous imprisonment for one year and a fine of Rs. 200/-. In default of payment of fine, convict is further ordered to undergo rigorous imprisonment for 15 days.

Convict Gurprit Singh

2. The accused-convicts became aggrieved from the above drawn verdict of conviction, and, the consequent therewith sentences (supra), as became imposed upon them, by the learned Judicial Magistrate concerned, and, preferred thereagainst Criminal Appeal No. 93 of 2011, before the learned Additional Sessions Judge, Gurdaspur. The learned Additional Sessions Judge, Gurdaspur, upon Criminal Appeal No. 93 of 2011, made a verdict on 22.8.2014, wherethrough he affirmed the verdict (supra) of conviction, and, the consequent therewith sentences (supra), as became imposed upon the convicts, by the learned trial Magistrate concerned.

3. The convicts becoming aggrieved from the concurrently made verdicts of conviction, and, consequent therewith sentences (supra), as became imposed, upon them, by both the learned Courts below, made a challenge to the above, through theirs instituting the instant criminal revision petition, before this Court.

4. The genesis of the prosecution case become encapsulated, in the FIR, to which Ex. PW4/B is assigned, contents whereof are ad verbatim reproduced hereinafter.

“Statement of Parampreet Singh s/o Amarjeet Singh by caste Jatt resident of Fattupur, age about 27/28 years. It is stated that I am a resident of above mentioned address. I do agricultural work. On 13.6.2004, I along with Gursharan Singh s/o Harbhajan Singh son of my uncle (Mama), who had come to meet us from Village Kala Afghana went to haveli for irrigating rice crop. After irrigating crop at about 1.00 P.M, I along with Gursharan Singh son of my uncle (Mama) slept at the roof of the haveli. When we fall asleep we heard hue and cry towards main gate on eastern side. We found that in the light of bulb Kuldeep Singh @ Keepa s/o Chanan Singh by caste Jatt resident of Dehar equipped with bamboo stick, Manjeet Singh @ Meeta s/o Chanan Singh equipped with sickle, Gurpreet Singh @ Gopi s/o Shingara Singh resident of Kalanaur equipped with bamboo stick, Lakhwinder Singh @ Lakha s/o Chanan Singh by caste Jatt resident of Dehar empty handed broke down the gate and entered inside. Lakhwinde