Gurdev Kaur vs Beant Singh And Ors
2023 Latest Caselaw 3332 P&H

                                                     Neutral Citation No:=2023:PHHC:048741




                                                            2023:PHHC:048741

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
227
                                             CRM-A-192-2023 (O&M)
                                            Date of decision: 10.04.2023

Gurdev Kaur                                         .....Applicant/appellant
                                  Versus

Beant Singh and others                                        .....Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present :    Mr. Vivek Singla, Advocate
             for the applicant/appellant.
                                  ****

MANJARI NEHRU KAUL, J. (ORAL)

CRM-9091-2023

For the reasons mentioned in the application, the same is

allowed and delay of 18 days in filing the leave to appeal is condoned.

CRM-A-192-2023

The applicant-complainant (hereinafter referred to as 'the

complainant') is impugning the judgment and order dated 14.07.2022

passed by learned Judicial Magistrate 1st Class, Barnala vide which the

respondents-accused were acquitted of the charges under Sections

447/506 of the IPC and were convicted under Sections 323/120-B of

the IPC and released on probation.

The case as set up by the complainant in the complaint may

be noticed as thus. The husband of the complainant namely Ralla Singh

was owner in possession of 04 acres of land of "Harijan Society"

(hereinafter referred to as 'the Society') and after his death, besides his

wife i.e. the complainant, his 03 sons i.e. respondent No.1-accused

Beant Singh, respondent No.3-accused Bant Singh and Santokh Singh

@ Gora and his 05 daughters were left behind as his legal heirs.

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CRM-A-192-2023 (O&M)                                                     -2-

Santokh Singh @ Gora one of the sons of the complainant had been

residing with her and also taking care of her. The elder son of the

complainant i.e. respondent No.1-accused Beant Singh had been

illegally cultivating land in excess of his share. Even though the

complainant, time and again, requested accused Beant Singh not to do

so, however, it fell on deaf ears. On 22.05.2016 at about 05:00 P.M.,

accused Beant Singh in connivance with co-accused forcibly entered

into the share of the land belonging to the complainant. When the

complainant tried to restrain the accused, she was inflicted a Dasta

blow on her right as well as her left thigh by accused Beant Singh.

Accused Beant Singh also inflicted a third blow on the hip joint of the

complainant besides giving a blow on her leg as a result of which the

complainant fell down. Other accused also inflicted injuries on the

person of the complainant, by giving her brick blows. On an alarm

being raised, the son of the complainant, Santokh Singh, along with a

number of other persons came to the spot, however, all the accused on

seeing them, fled away from the spot along with their respective

weapons.

Learned counsel for the complainant inter alia contends

that the Court below had erroneously acquitted the respondents accused

under Sections 447/506 of the IPC even though there was ample cogent

evidence led against the accused persons. He further submits that the

accused, though were convicted under Sections 323/120-B of the IPC,

however, the Court gravely erred in releasing the accused convict on

probation which thus deserved to be set aside and the accused be

sentenced to the maximum for committing the offence under Sections

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323/120-B of the IPC.

I have heard learned counsel and perused the relevant

material on record.

A perusal of the impugned judgment reveals that the name

of the husband of the complainant is not mentioned in any of the

revenue records pertaining to the land being cultivated by the parties.

No evidence much less documentary was led by the complainant to

show as to how she and her children had come into possession of the

land in question. Moreover, it is the admitted case of the complainant

herself that she and her children including the accused were in joint

possession of the land in question, therefore, the ingredients to attract

the mischief of an offence under Section 447 of the IPC are clearly

missing in the case in hand. The learned Court below cannot thus be

faulted with for recording an acquittal under Section 447 of the IPC

against the accused.

Coming next to the acquittal of the respondents-accused

under Section 506 of the IPC, no evidence was brought forth by the

complainant in support of her submissions that the respondents accused

had extended any threats to her. It is a matter of record that none of the

complainant witnesses while stepping into the witness box even by way

of a whisper deposed qua any of the accused extending threats to the

complainant.

The occurrence in question took place in the year 2016.

The injuries inflicted on the person of the complainant were admittedly

simple in nature. It needs to be emphasised that the ultimate goal of

punishment in a modern civilized society is to attempt reformation of

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the offenders. It may not always be necessary in each and every case to

incarcerate the offender, if he or she has had an opportunity to repent

for his or her wrongs. Admittedly, the complainant and the accused are

immediate family members. Hence, in the facts and circumstances, and

keeping in view the nature of offence and injuries inflicted, this Court

does not find any illegality or infirmity in the impugned judgment and

the order passed by the Court below vide which the respondents

accused were ordered to be released on probation.

Accordingly, the instant leave to appeal being devoid of

any merit is dismissed.

10.04.2023                                 (MANJARI NEHRU KAUL)
Vinay                                             JUDGE
             Whether speaking/reasoned        :      Yes/No
             Whether reportable               :      Yes/No




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