CRR No.1722 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.1722 of 2010 Date of Decision: 10.02.2010 Kamlesh Kumari .....Petitioner Versus Veer Singh and others .....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Gautam Dutt, Advocate, for the petitioner. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J. (ORAL) Complainant has invoked the revisional jurisdiction of this Court assailing the order dated 31.10.2009 passed by the learned Appellate Court/Additional Sessions Judge, Hoshiarpur, thereby releasing the accused/respondents on probation for one year on furnishing probation bonds in the sum of Rs.20000/- each with one surety of the like amount each and Rs.15000/- as compensation to be paid to the victims. Brief facts of the present case are that complainant is a house- hold lady and her husband is an Ex-Army man and in these days he is doing the agricultural work. On 3.9.03, at about 8.30 p.m. she was sitting on a cot alongwith her husband in the courtyard of her house. One Kuldip Kumar of her village, Meena Kumar, Rinu Bala daughters of CRR No.1722 of 2010 -2- Chaman Lal and her son Bikram Singh were also present in the house. Krishna Devi wife of Darshan Kumar, informed her that Veer Singh alongwith 30/35 persons are coming to kill her husband. Krishna Devi took her husband to the house of Mansa Ram son of Gauri Mal. When her husband was going to the house of Mansa Ram, in the meantime, Kanta Devi came on the roof of the house. Soon after the departure of her husband, there was knocking at the gate of her house and after breaking open the gate, four persons namely Veer Singh, empty handed, Kamaljit armed with dang, Assa Nand armed with dang and Mohan Masih empty handed barged into her house. Veer Singh caught hold the complainant from her hairs and started dragging her. Kamaljit gave two dang blows hitting on her buttok and right thigh. Thereafter, Assa Nand gave a dang blow on her left thigh. Mohan Masih slapped on her face. Following the above named four persons accused 15/20 persons armed with dangs and iron rods, some of them while scaling the walls and some of them through the gate also entered into her house. All of them started abusing and threatening her. When Kuldip Kumar tried to save her, Assa Nand gave a dang blow on his left thigh. Her neighbour Kanta Devi also came there and she stopped Veer Singh and others from inflicting injuries. Thereafter, all the accused persons and their accomplices after causing injuries upon her and Kuldip Kumar ran away from the spot. Lateron, she came to know that the accused persons and others also pelted stones in the house of her neighbour Rani wife of Bachan Ram. Bachan Ram also received injuries in the said occurrence. The complainant has further submitted that her husband took Bachan Ram and Kuldip Kumar to the civil hospital Mukerian, for medical CRR No.1722 of 2010 -3- treatment. Due to awe and having the fact that young girls were present in the house and non-availability of male member in the house at that time, she went to the civil hospital, Mukerian, on 6.9.03 and got her medically checked up. In support of its case, prosecution has examined PW1 Ram Kishan, PW2 Krishna Devi, PW3 Kanta Devi, PW4 Bachan Ram, PW5 Kuldip Kumar, PW6 Kamlesh Kumari, complainant, PW7 Dr. S.P. Singh Saini, PW8 Dr. Lakhwinder Singh, PW9 SI Onkar Dutt and after availing number of opportunities, the prosecution has failed to conclude its evidence, resultantly, it was closed by order. In their defence, accused have examined DW1 Ajit Kumar Walia, DW2 Mansa Ram, DW3 Sh. Ashok Bhalla, DW4 Harbans Lal, DW5 Dr. Prem Kumar and closed their evidence. After hearing the learned counsel for the parties and perusing the record, learned trial Court held accused/respondents guilty under Sections 452/323/34 of the Indian Penal Code and sentenced accordingly. In appeal, the learned Appellate Court released the accused/respondents on probation as referred above. In the opinion of this Court, since total sentence awarded to the accused is for a period of one year, hence first appellate Court was well within its jurisdiction directing the release of the accused on probation on executing bonds in the sum of Rs.20000/- each with one surety of the like amount each and Rs.15000/- as compensation to be paid to the victims. Revisional jurisdiction can be exercised only when a good piece of evidence is escaped from the notice of the Court proving the CRR No.1722 of 2010 -4- guilt or Court below has committed manifest error of law or jurisdictional error. This is a case where Appellate Court has exercised jurisdiction/discretion in releasing the accused on probation. No interference is called for. Revision is devoid of merit, hence is dismissed. (Alok Singh) Judge February 10, 2011 R.S.