IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(i)

CRR No.2645 of 2015 (O&M)

Mandeep Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

(ii)

CRR No.3353 of 2015 (O&M)

Joginder Pal

...Petitioner

VERSUS

Ajit Singh and others

...Respondents

(iii)

CRR No.3663 of 2015 (O&M)

Joginder Pal

...Petitioner

VERSUS

Ajit Singh and others

...Respondents

Date of Decision: November 27, 2017

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.S.S.Swaich, Advocate

for the petitioner (in CRR No.2645 of 2015) and

for respondent No.2 (in CRRs No.3353 and 3663 of 2015).

Mr.A.K.Kalsy, Advocate

for the petitioner (in CRRs No.3353 and 3663 of 2015).

Mr.Jaswinder Singh, Advocate

for respondent No.1 (in CRRs No.3353 and 3663 of 2015).

Ms.Simranjeet Kaur, Asstt. Advocate General, Punjab

for the respondent-State.

****

Vineet Gulati

2017.12.15 15:38

I attest to the accuracy and

authenticity of this document

Chandigarh

CRR No.2645 of 2015 and connected revisions

-2-

INDERJIT SINGH, J.

CRM No.29437 of 2015 in CRR No.3353 of 2015

Heard.

For the reasons mentioned in the application, the same is

allowed. Delay of 53 days in filing the revision petition, is condoned.

CRM No.32101 of 2015 in CRR No.3663 of 2015

Heard.

For the reasons mentioned in the application, the same is

allowed. Delay of 67 days in filing the revision petition, is condoned.

Main cases

This order shall dispose of above-mentioned three connected

revisions as the point for determination in all the cases is the same.

CRR No.2645 of 2015 has been filed by petitioner-accused

Mandeep Singh challenging the judgment of conviction and order of

sentence dated 31.01.2013 passed by learned Judicial Magistrate Ist Class,

Khanna, vide which the petitioner along with co-accused was convicted and

sentenced to undergo rigorous imprisonment for a period of six months and

to pay fine of `1000/- and in default of payment of fine, to undergo simple

imprisonment for a period of seven days under Section 323 read with

Section 34 IPC and further to undergo simple imprisonment for a period of

one month and to pay fine of `500/- and in default of payment of fine, to

undergo simple imprisonment for a period of seven days under Section 341

read with Section 34 IPC each and also challenging the judgment dated

13.04.2015 passed by learned Addl. Sessions Judge, Ludhiana, vide which

the appeal filed by the petitioner along with co-accused was partly allowed

Vineet Gulati

2017.12.15 15:38

I attest to the accuracy and

authenticity of this document

Chandigarh

CRR No.2645 of 2015 and connected revisions

-3-

and they were acquitted of the charge under Section 341 IPC. However,

their conviction under Section 323 read with Section 34 IPC was upheld but

their sentence was modified and they were ordered to be released on

probation for the period of one year on their furnishing probation bonds in

the sum of `50,000/- with one surety each in the like amount.

CRRs No.3353 and 3663 of 2015 have been filed by petitioner-

complainant Joginder Pal under Section 401 Cr.P.C. against the

respondents, challenging the judgment of conviction and order of sentence

dated 31.01.2013 passed by learned Judicial Magistrate Ist Class, Khanna,

vide which the accused were only convicted and sentenced under Sections

341 and 323 read with Section 34 IPC and acquitted under Sections 353 and

506 IPC and judgment dated 13.04.2015 passed by learned Addl. Sessions

Judge, Ludhiana, vide which the appeal filed by the petitioner for

enhancement of the sentence of accused-respondents was dismissed.

From the record, I find that challan was presented against

petitioner Mandeep Singh and co-accused Ajit Singh in case FIR No.35

dated 21.02.2004 under Sections 353, 341, 323, 506 and 34 IPC. The brief

facts of the case as noted down in the judgment passed by learned JMIC,

Khanna, are as under:-

“On 20.02.2004, MLR No.GP/6/04 pertaining to Joginderpal

was received on