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2010 Supreme(Online)(P&H) 192

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RESHAM SINGH AND ORS. – Appellant
Versus
STATE OF PUNJAB – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 11.02.2026 Resham Singh and others ......Petitioners Versus State of Punjab ...... Respondent CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present: Mr. Rakesh Kumar, Advocate for Mr. Rajveer Singh, Advocate for the petitioner No.1.

Proceedings qua respondent No.2 abated vide order dated 12.01.2026.

Mr. Rohit Bansal, Sr. DAG Punjab.

SURYA PARTAP SINGH , J . (Oral) :

For the commission of offence punishable under Sections 325, 324, 323, 148 and 149 of Indian Penal Code, the FIR No.84 dated 27.06.2001 was lodged in Police Station City Ghall Khurd. Once the FIR was lodged, the investigation was taken up by the police, and as an outcome of abovesaid investigation, the petitioners were sent to the Court of learned Judicial Magistrate Ist Class Ferozepur, hereinafter being referred to as ‘trial Court’, to face trial for the commission of abovementioned offence.

2. The petitioners participated in the abovementioned trial, which by virtue of judgment dated 04.01.2008 culminated into their conviction. Thus vide order on the point of quantum of sentence, dated 04.01.2008, the petitioners were sentenced as under:-

3. All the sentences were ordered to run concurrently.

4. Aggrieved of the abovementioned judgment of conviction and order of sentence, the petitioners preferred an appeal in the Court of Sessions, hereinafter being referred to as ‘Appellate Court’. The judgment of conviction was modified in the appeal preferred by the petitioners by virtue of judgment dated 25.05.2010 and sentence was reduced from two years to one year for the commission of offence punishable under Section 325/34 IPC.

5. Feeling aggrieved of the judgment of conviction and order of sentence dated 04.01.2008, passed by the learned trial Court, and also of the judgment dated 25.05.2010 passed by the learned Appellate Court, the present revision petition has been preferred by the petitioners.

6. In nut-shell, the facts emerging from record are that the FIR of this case came into being on the basis of statement of complainant ‘Udham Singh’ hereinafter being referred to as ‘complainant’ only. It was stated by the above-named complainant that in the morning of 27.06.2001, when he was cycling with his son ‘Jagsir Singh’, and ‘Major Singh’ son of ‘Jarnail Singh’ near the fields of ‘Yodh Singh’, the petitioners launched and attack and exhorted that he (complainant) should be taught a lesson for daily quarrel with them. According to complainant ‘Resham Singh’ caught hold him and ‘Bhupinder Singh’ inflicted poker (sua) blows on his right and left legs, ‘Lakhbir Singh’ with sticks blows on his right and left arm, ‘Balwinder Kaur’ on his waist with sticks and ‘Nachhatar Singh’ with sticks on his fore-head, and backside of right knee, near the ankle. As per complainant, thereafter all the assailants fled from the spot.

7. It is the case of the prosecution that on the basis of abovementioned statement, formal FIR of this case was lodged and the investigation taken up. As per prosecution, during the course of investigation, the Investigating Officer inspected the spot, prepared rough site plan of the place of occurrence and completed other usual formalities of investigation, including arrest of the accused. Thereafter, the final report under Section 173 of Cr.P.C. was filed.

8. To discharge its burden with regard to charge against the petitioners, the prosecution in the instant case had relied upon documentary as well as oral evidence. The documents relied upon, and marked with exhibits, by the prosecution were as under:-

Ex.P1 - Statement of complainant Ex.PW3/A - Arrest memo and other memo to Ex.PW3/E Ex.PW4/A - Recovery memo Ex.PW4/B Investigating Officer taken possession of recovery memo

9. To provide support and corroboration to the above-mentioned documentary evidence, as many as seven witnesses had been examined by the prosecution. Those witnesses were:-

PW-1 - Udham Singh (reiterated his statement)

PW-2 - Jagsir

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