Punjab-Haryana High Court
Balvir Singh vs State Of Punjab & Ors on 1 December, 2014
Author: Sabina
Bench: Sabina
Crl. Revision No. 2368 of 2014 -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 2368 of 2014
Date of decision: 01.12.2014
Balvir Singh ......Petitioner
Versus
State of Punjab and others ......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. A.K.Khunger, Advocate
for the petitioner.
****
SABINA, J.
Respondents No. 2 to 13 had faced the trial qua commission of offence punishable under Section 148, 325, 323 read with Section 149 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 237 dated 26.09.2001, registered at Police Station Sadar Fazilka. Trial Court vide judgment/order dated 22.7.2011 ordered the conviction and sentence of respondents No. 2 to 13 under Section 148, 325, 323 read with Section 149 IPC. Aggrieved against the said judgment/order of their conviction and sentence, respondents No. 2 to 13 preferred an appeal. The Appellate Court vide order dated 9.6.2014 ordered the release of respondents No. 2 to 13 on probation. Hence, the present petition by the petitioner- complainant.
Learned counsel for the petitioner has submitted that the Appellate court has erred in ordering the release of respondents No. 2 to 13 on probation without granting any compensation as five persons had suffered injuries from the petitioners' side at the GURPREET SINGH 2014.12.04 14:43 I attest to the accuracy and authenticity of this document Chandigarh Crl. Revision No. 2368 of 2014 -2- hands of the accused.
The Appellate Court while ordering the release of respondents No. 2 to 13 on probation has taken in consideration that it was a case of version and cross version. Petitioners' side were acquitted of the charges framed against them whereas the Trial Court ordered the conviction and sentence of respondents No. 2 to 13. Both the parties were facing the criminal proceedings for the last 13 years. It has also been noticed by the Appellate Court that the injury falling under Section 325 IPC was minor in nature having complain of joint pain of the right hand of Iqbal Singh and the said injury had been caused with a blunt weapon. After considering the facts and circumstances of the present case, the learned Appellate Court rightly ordered the release of respondents No. 2 to 13 on probation. Since it was a case of version and cross version, the fact that the compensation has not been granted by the Appellate Court while ordering the release of respondents No. 2 to 13 on probation, calls for no interference.
Dismissed.
(SABINA) JUDGE December 01, 2014 Gurpreet GURPREET SINGH 2014.12.04 14:43 I attest to the accuracy and authenticity of this document Chandigarh