- (1.) Petitioner-Complainant Gurnam Singh has filed the instant revision petition assailing the judgment dated 4.2.2015 passed by learned Additional Sessions Judge, Ambala and the judgment of conviction dated 26.9.2014 and order of sentence dated 29.9.2014 passed by learned Judicial Magistrate 1st Class, Ambala vide which the respondents-accused No.2 to 6 were acquitted under Sections 325, 326 and 506 IPC and were released on probation for commission of offence under Sections 323 and 324 read with Section 149 IPC.
(2.) The case of the prosecution, in brief, is that on 2.11.2006 at about 9.00 a.m. after attending a Prabhat Pheri (morning procession), complainant Gurdev Kaur (now deceased) along with her husband, Gurnam Singh, the petitioner herein, had been returning home. On seeing the complainant and petitioner Gurnam Singh, accused Ramna, who is complainant's neighbour, had intentionally started coughing. Noticing this, the petitioner had requested him not to do so. However, at around 10.00 a.m., when the complainant and petitioner were going to meet Dr. Priya to complain about the conduct of accused Ramna, then accused Rajinder, who was having a Gandasi in his hand, met them. Thereafter, accused Rajinder started abusing the complainant and told that as they had stopped his wife from coughing, so, he would teach them a lesson. Accused Ramna had caught hold the complainant, whereas accused Rajinder had given a Gandasi blow on her head. The other co-accused, namely, Parveen Kumar, Sanjeev Kumar and Naresh Kumar (respondents No.4 to 6 respectively), who were armed, had alighted from their car bearing registration No.HR-04-2654. After that, accused Parveen Kumar had given a rod blow on the complainant's left arm, accused Rajinder had given a Gandasi blow on the head of the petitioner Gurnam Singh whereas accused Sanjeev Kumar and Naresh Kumar had given Danda blows to the complainant and Gurnam Singh. On raising hue and cry, Dr. Priya had intervened into the matter and saved the complainant and the petitioner Gurnam Singh from the clutches of the accused.
(3.) On the basis of aforesaid allegations, FIR No.101 dated 5.11.2006 under Sections 323, 324, 325, 326 and 506 read with Section 34 IPC was registered against the accused-respondents No.2 to 6 at Police Station Panjokhra, District Ambala. After completion of investigation, report under Section 173 Cr.PC was presented in the Court by the police. Learned Magistrate vide judgment dated 26.9.2014 acquitted the respondents-accused No.2 to 6 under Sections 325, 326 and 506 IPC and convicted them for commission of offence under Sections 323 and 324 read with Section 149 IPC. However, vide order on sentence dated 29.9.2014, learned Magistrate had released the respondents-accused No.2 to 6 on probation on executing the personal bonds for a period of one year in the sum of Rs.25,000/- with one surety in the like amount. During the said period, the accused were directed to maintain good behaviour. It was further ordered that in case of any breach of any condition of the bond, they shall be called upon to receive the sentence in accordance with law. Besides this, it was ordered that the respondents No.2 to 6-accused shall pay Rs.4,100/- each out of which Rs.10,000/- each shall be paid as compensation to the complainant and Gurnam Singh and the remaining amount of Rs.500/- shall be payable as cost of proceedings. Aggrieved against the said judgment and order of learned trial Court, the petitioner-complainant preferred an appeal, but the same was dismissed by learned Additional Sessions Judge, Ambala vide judgment dated 4.2.2015.;