IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

229 CRR-3716-2015 (O&M)

Reserved on: 16.02.2026. Date of decision: 24.03.2026. Uploaded on: 24.03.2026.

Whether only operative part of the judgment is pronounced or the full judgment is pronounced. Operative part/full judgment HARCHAND SINGH ...Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present: - Mr. Saksham, Advocate, for the petitioner(s).

Mr. Mohit Kapoor, Sr. DAG, Punjab.

for the respondent.

1. The instant revision petition has been filed challenging the judgment dated 05.02.2015 passed by the learned Additional Sessions Judge, Ludhiana, whereby respondent Nos. 2 to 6 were ordered to be released on probation for a period of six months, by modifying the judgment of conviction and order of sentence dated 20.12.2011 passed by the learned Judicial Magistrate First Class, Ludhiana in case bearing FIR No. 366 dated 20.10.1997 under sections 323, 452, 506, 342, 365, 148, 149 of the Indian Penal Code, 1860 registered at Police Station Sadar, Ludhiana.

2. The facts of the present case, in brief, are that on 19.10.1997, a medical ruqa was received from Police Post Laddowal regarding the recording of the statement of an injured person, namely Harnam Singh. Pursuant thereto, ASI Harjinder Singh reached the Civil Hospital and moved an application seeking the opinion of the attending doctor regarding the fitness of the injured to make a statement. The doctor opined that the injured was unfit to make a statement at that time. Thereafter, on 20.10.1997, ASI Mohinder Singh, along with other police officials, visited the Civil Hospital and again sought the opinion of the doctor regarding the fitness of the injured. On this occasion, the doctor declared Harnam Singh fit to make a statement. Accordingly, his statement was recorded. In his statement, Harnam Singh stated that on 18.10.1997, at about 11:00 PM, he was sleeping in a room along with his wife. The wife and children of Harchand Singh were sleeping in another room, while Harchand Singh himself had gone to the grain market to sell paddy. At that time, his nephew Darshan Singh knocked at the door, which was opened by his wife. Upon entering, Darshan Singh caught hold of his wife by her hair and assaulted her. He was accompanied by Gulzar Singh and Avtar Singh, who were armed with motorcycle chains, while Kuldeep Singh, a friend of Gulzar Singh, and Hans Raj were empty-handed. It is further alleged that all the accused forcibly entered the house and upon a lalkara raised by Darshan Singh, Gulzar Singh and Avtar Singh inflicted injuries upon the complainant’s wife with motorcycle chains. As a result of the assault, she fell to the ground. Thereafter, Darshan Singh and Kuldeep Singh gave kicks and blows on her abdomen and back. Darshan Singh also inflicted an injury with a dattar on the upper side of her head, while Gulzar Singh caused injuries on her eyes, nose, and other parts of her body. Avtar Singh also inflicted an injury on the complainant’s abdomen with a motorcycle chain. It is further stated that upon raising an alarm, Amarjit Kaur, wife of Harchand Singh, awoke and also raised an alarm. Thereafter, the accused placed the complainant in a tractor- trolley driven by Darshan Singh. However, due to a mechanical fault in the tractor, the vehicle stopped on the way and upon noticing the headlights of another vehicle approaching, the accused fled from the spot along with their weapons. The motive attributed to the accused is that Darshan Singh intended to obtain the thumb impressions of the complainant on a will pertaining to land measuring five acres in his favour. Hence, FIR No. 336 dated 20.10.1997 under sections 323, 452, 506, 342, 365, 148, 149 of the Indian Penal Code, 1860 was registered at Police Station Sadar, Ludhiana. Investigation was carried out and upon completion thereof, the final report challan was presented against the accused.

3. Upon presentation of the ch