In the High Court of Punjab and Haryana at Chandigarh

......

Criminal Revision No.1398 of 2018

.....

Date of decision:16.7.2018

Karamjit Singh

...Petitioner

v.

State of Punjab and others

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh

.....

Present:

Mr. Varun Mittal, Advocate for the petitioner.

.....

Inderjit Singh, J.

This criminal revision petition has been filed under Section 401

Cr.P.C. challenging the impugned judgment dated 16.2.2018 passed by

learned Additional Sessions Judge-I, Sangrur, whereby the appeals filed by

the accused-appellants (respondents No.2 to 5 herein) against the judgment

of conviction and order of sentence dated 5.5.2016 passed by the learned

Additional Chief Judicial Magistrate, Sangrur, convicting and sentencing

the accused for the offences under Sections 323, 325 read with Section 34

IPC have been dismissed with modification of sentence by releasing the

accused-Gulshan Kumar and Gurdeep Singh on probation. The appeal filed

by the complainant-appellant (petitioner herein) for enhancement of

sentence has also been dismissed.

I have heard learned counsel for the revision petitioner and

HARPAL SINGH PARMAR

2018.08.17 11:12

I attest to the accuracy and

authenticity of this document

Chandigarh

Cr. Revision No.1398 of 2018

[2]

have gone through the record.

From the record, especially the judgments, I find that the

challan was presented against the accused (respondents No.2 to 5 herein) in

FIR No.139 dated 29.9.2013 registered for the offences under Sections 325,

323, 341 read with Section 34 IPC at Police Station, Sadar Sangrur, District

Sangrur. The brief facts of the case against the accused (respondents No.2

to 5 herein) Balkar Singh son of Rajpal Singh, Gurdeep Singh alias Jugnu,

Gulshan Kumar and Balkar Singh alias Bugga son of Rangi Ram, as noted

by the learned Additional Chief Judicial Magistrate, Sangrur in his judgment

dated 5.5.2016 are as under:-

“The brief facts of the prosecution story are that on 28.09.2013,

a telephonic message was received by M.H.C., P.S. City

Sangrur regarding admission of injured Karamjit Singh son of

Harpal Singh, caste Jatt resident of Village Mangwal. On the

receipt of aforesaid message H.C. Sukhwant Singh along-with

other police officials reached at Civil Hospital Sangrur and

moved an application to the doctor regarding fitness of injured

for recording his statement. The doctor concerned had declared

the injured unfit to make statement by making endorsement on

the application moved by the Police. The M.L.R. of Karamjit

Singh injured/complainant was obtained. On 29.9.2013, the

M.L.R. along-with the application was handed over to SI Jaagar

Singh, upon which, SI Jaagar Singh along-with other police

officials went to Civil Hospital Sangrur and sought the opinion

HARPAL SINGH PARMAR

2018.08.17 11:12

I attest to the accuracy and

authenticity of this document

Chandigarh

Cr. Revision No.1398 of 2018

[3]

of doctor regarding fitness of injured. The doctor had declared

the injured fit to make statement. The complainant/injured

Karamjit Singh got recorded his statement to S.I. Jaagar Singh.

The subject matter of the same is that he is resident of Village

Mangwal and is an agriculturist. He is also member of Mahavir

Gym, Ekta Vihar Colony, Sangrur. On 28.9.2013, when he

came out of the said Gym at about 7.15 a.m. and took his

motorcycle, then Balkar Singh son of Rajpal Singh along-with

some another person started beating the complainant. Accused

Balkar Singh encircled the complainant by saying that he

(complainant) be not spared. In the meantime, three/four

persons came there and started beating the complainant.

Accused Balkar Singh gave iron pipe blow on the backside of

right leg and ankle of the complainant due to which he

(complainant) fell own. Thereafter, accused Balkar Singh and

his associates gave stick blows on the left biceps of elbow and

on the fingers as well as on the