IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

238 Date of decision: 27.04.2026 SURINDER KUMAR ......Petitioner VERSUS STATE OF PUNJAB AND OTHERS .......Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - Mr. S.S. Hira, Advocate for the petitioner.

Mr. Ekampal Sagoo, AAG, Punjab.

Mr. Manish Dadwal, Advocate for respondents No.2 to 4.

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VINOD S. BHARDWAJ, J. (Oral)

The present revision petition has been filed against the judgment dated 01.09.2021 passed by the Additional Sessions Judge, Hoshiarpur in Criminal Appeal bearing CIS No. 17 of 2019 preferred against the judgment of conviction and order of sentence dated 03.01.2019 passed by Additional Chief Judicial Magistrate, Hoshiarpur in case arising out of FIR No.9 dated 26.01.2014 registered under Section 452, 323, 325, 506, 148 and 149 of the Indian Penal Code, 1860 registered at Police Station: Sadar, Hoshiarpur to the extent whereby the accused-respondents No.2 to 5 have been released on probation.

2. Briefly stated, the present FIR was registered on the statement of the injured complainant, Surinder Kumar, resident of Village Nangal Bassi, District Kangra (H.P.) who alleged that on 13.01.2014, at about 8:30 PM, on the occasion of the festival of Lohri, the complainant along with his family members was present in the courtyard of his in-laws’ house at New Colony, Chohal, where they had lit a fire. It is alleged that during the said time, a dispute arose when the complainant’s minor daughters started crying after he refused to give them money. Upon hearing the commotion, the accused persons, namely Manjit Singh, Ranjit Singh, Darshan Singh, Kuljinder Kaur and Harjinder Kaur entered the house of the complainant. It is further alleged that they were armed with weapons such as a ‘dat’, ‘dang’, and ‘danda’ and proceeded to assault the complainant and his father-in-law Des Raj. The complainant is stated to have sustained injuries on his hand, leg and neck, while his father-in-law also suffered injuries during the incident. It is further alleged that the accused persons also scuffled with the complainant’s wife. Upon raising alarm, the accused persons fled from the spot along with their respective weapons. The injured persons were thereafter taken to Civil Hospital, Hoshiarpur, where they received medical treatment.

3. Investigation was conducted and the respondents-accused persons were arrested. After completion of the investigation, challan was presented in the Court and copies of the same were supplied to the respondent-

accused.

4. Upon consideration of the material placed on record and finding that a prima facie case was made out, the Trial Court framed charge against the respondent-accused under Sections 452, 323, 325, 148 and 149 of the IPC, to which, they pleaded not guilty and claimed trial.

5. In order to prove its case, prosecution examined the following witnesses:

6. Upon closure of prosecution evidence, while recording their statement under Section 313 Cr.P.C. the respondent-accused when confronted with evidence appearing against them, denied all the evidence and pleaded false implication. No evidence was, however, led by them in their defence.

7. The parties were heard by the trial Court and after considering the evidence adduced and the rival submissions advanced, the respondent- accused persons were convicted for commission of offences punishable under Section 452, 323, 325, 148 read with Section 149 IPC. However, they were acquitted of the charge under Section 506 IPC. Vide order of sentence dated

03.01.2019, the respondent-accused were thus sentenced as under:-

8. All the sentences were ordered to run concurrently.

9. Aggrieved by the said judgment of conviction, the private respondents herein preferred a criminal appeal bearing CIS No. 17 of 2019 before Additional Sessions Judge, Hoshiarpur. The appellate court, upon reappraisal of the material on record, dismissed the appeal vide judgment dated 01.09.2021, holding that no illegality or infirmi