- (1.) Petitioner Pritam Kaur wife of Pritam Singh has filed the present revision petition impugning the judgment dated 22.1.2016 passed by learned Judicial Magistrate 1st Class, Gurdaspur whereby the respondentsaccused though were held guilty of having committed offence under Sections 323, 324 and 148 read with Section 149 IPC, but they were extended the benefit of probation under Section 4(1) of the Probation of Offender Act, 1958. By separate order on quantum of sentence, learned Magistrate instead of sentencing the accused to any punishment, released them on probation after entering into probationary personal bonds in the sum of Rs.10,000/- each for a period of six months and to appear and receive sentence as and when called upon during such period. In the meantime, the accused were also directed to keep peace and be of good behaviour and they were further burdened with cost of Rs.1,000/- each.
(2.) Briefly stated, case of the petitioner-complainant is that on 17.6.2010 at about 5.00 p.m., the respondents-accused, namely, Satnam Singh, Kishan Singh, Rajbir Singh, Malkiat Singh and Balwinder Kaur came out of their houses and quarreled with the complainant. She rushed to her house, but the accused followed her. Accused Satnam Singh snatched the sickle from her hand and gave blow with the same which hit the adjoining finger of thumb of her left hand. Accused Kishan Singh gave kick blow on her abdomen whereas accused Rajbir Singh gave fist blow on her face. Accused Kishan Singh also gave fist blow on her left arm. Her ear ring was snatched by accused Balwinder Kaur.
(3.) On raising alarm by the complainant, her daughter Rajwinder Kaur and Balkar Singh came there. On seeing them, all the accused fled away from the spot along with their respective weapons. The complainant was taken to Civil Hospital, Kalanaur by said Rajwinder Kaur and Balkar Singh, who got her admitted there. She was medically examined by the doctor. On 18.6.2010, police visited the said hospital and recorded her statement, but the police did not record the true version of her statement. Thereafter, the complainant came to know that police has cancelled the FIR. As such, the complainant was constrained to file criminal complaint against the accused.;