Parveen Kumari vs State Of Punjab And Ors
2024 Latest Caselaw 9614 P&H

Punjab-Haryana High Court

Parveen Kumari vs State Of Punjab And Ors on 3 May, 2024

                                 Neutral Citation No:=2024:PHHC:061348



                                                           2024:PHHC:061348
CRR-4718-2017                                                                   1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                           CRR-4718-2017
                           Date of decision : May 03, 2024


Parveen Kumari
                                                           ....Petitioner
                           VERSUS

State of Punjab and others
                                                           ....Respondents



CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI


Present :     Mr. Rajat Dogra, Advocate for
              Mr. S.P.S. Sidhu, Advocate, for the petitioner

              Mr. Raghav Garg, DAG, Punjab


KULDEEP TIWARI,J. (ORAL)

1. The learned trial court vide judgment 5.2.2015, convicted

respondents no. 2 to 4, and vide order of the even date, sentenced

them as under:-

            Convict name     Under                          Sentence
                            Section
       Arjun Shukila       325 IPC       To undergo RI for two years and to pay fine of

Rs 3000/-; In default of payment of fine, to further undergo RI for three months Arjun Shukila 323 IPC To undergo RI for six months and to pay fine of Rs 500/-.; In default of payment of fine, to further undergo RI for two months Tirloki Nath and 325 IPC To undergo RI for two years each and to pay Yadwinder Singh read with fine of Rs 3000/-each. In default of payment section of fine, to further undergo RI for three months 34 IPC each.

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Convict name Under Sentence Section Tirloki Nath and 323 IPC To undergo RI for six months each, and to pay Yadwinder Singh read with fine of Rs 500/- each. In default of payment of section fine, to further undergo RI for two months 34 IPC each.

2. Having aggrieved with the judgment of conviction and

order of sentence (supra), respondents no. 2 to 4 preferred an

appeal which was partially accepted by the learned appellate court,

concerned, as the conviction was maintained. However, the order

of sentence was modified, and they were ordered to be released on

probation on their furnishing personal probation bonds in the sum of

Rs 20,000/- each, and thereby, to submit an undertaking to be of

good behaviour for a period one year from the date of

pronouncement of the judgment, by the learned appellate court

concerned, and further ordered to compensate the

injured/complainant, for an amount of Rs 10,000/- by invoking the

provisions of Section 357 Cr.P.C., to be paid by accused-Arjun

Shukila, to whom injury under Section 325 IPC, has been attributed

specifically.

3. The petitioner has maintained the present revision

petition on account of non payment of compensation amount, as

awarded by the learned appellate court concerned.

4. This Court has considered the submissions made by the

learned counsel for the petitioner, but is unable to accept the same.

In case issue is of non payment of compensation amount, as

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awarded by the learned appellate court concerned, the petitioner

has different remedy. The instant petition is disposed of with the

liberty to the petitioner to raise all the grievance, which has been

raised in the instant revision petition, by making an appropriate

motion, before an appropriate court/fourm.

5. Disposed of accordingly.

                                                      ( KULDEEP TIWARI )
May 03, 2024                                                JUDGE
     'tiwana'


                Whether speaking/reasoned ?              Yes/No
                Whether Reportable ?                     Yes/No




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