Punjab-Haryana High Court
Baljinder Singh vs Naib Singh And Others on 18 January, 2025
Neutral Citation No:=2025:PHHC:007191
202 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-959-2022
Date of decision: 18.01.2025
BALJINDER SINGH
...PETITIONER
V/S
NAIB SINGH AND OTHERS
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Ms. Prabhjot Kaur, Advocate for
Mr. Bikramjeet Singh Jatana, Advocate for the petitioner.
Mr. Sandeep Kumar, DAG, Punjab.
****
HARPREET SINGH BRAR,
BRAR J. (ORAL)
1. The present revision petition is preferred against the judgment
dated 01.02.2021 passed by learned Additional Sessions Judge, Mansa,
dismissing the appeal filed by the petitioner against the judgment dated
27.08.2019 passed by learned Additional Chief Judicial Magistrate, Mansa in
criminal complaint No.COMI/631 2014
No.COMI/631/2014 filed under Sectionss
323/325/452/341/148/140/120 B of
323/325/452/341/148/140/120-B IPC, 1860, whereby, the private
respondents were released on probation for 06 months.
2. As per the version of the complainant
complainant, on 10.09.2014, Baljinder
Singh son of the complainant was going to the house of Jagsir Singh to fetch
spray pump. The accused persons who had previous enmity with the
complainant due to damage to water channel, gave swear beatings to his son.
Accused nos.1
1 to 4 (respondent Nos.1 to 4 herein) raised lalkara while Naib
Singh gave iron blow on his arm and the remaining accused gave kicks blows
on the person of Baljinder
Baljinder Singh. They further averred that Baljinder Singh
rushed towards the house of Jagsir Singh, whereby Jagsir Singh rescued him by
closing his main gate. However, the accused no.
no.1
1 to 4 entered the house of
Jagsir Singh by breaking his gate and gave swe
swear
ar beatings to Baljinder Singh.
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CRR-959-2022
Complainant, his brother Lal Singh and Jagsir Singh rescued Baljinder Singh
from the clutches of accused. Hence, this complaint.
3. On assessing all the material available on the record, the learned
trial Court convicted the
th private respondents
respondents-accused
accused vide judgment dated
27.08.2019 for commission of offence under Section 323, however, the private
respondents/accused were released on probation for a period of six months.
Aggrieved by the same, the petitioner preferred an ap
appeal
peal before the learned
lower Appellate Court which was also dismissed vide judgment dated
01.02.2021.
4. Learned counsel for the petitioner contends that the learned trial
Court fell into error by releasing the private respondents on probation as the same
is based on untenable grounds. The charges against the private respondents
respondents--
accused stand duly proven by all the prosecution witnesses and as such, the
learned trial Court ought not to have granted the benefit of probation to them.
Further,
rther, at the time of granting probation, no amount has been awarded to the
petitioner as compensation, which has caused injustice to him in view of the
injuries sustained.
5. Learned State submits that both the Courts below have passed
well-reasoned
reasoned judgments
judgments after considering the material placed on record.
6. Having heard the learned counsel for the parties and after perusing
the record with their able assistance, it transpires that the private respondents--
accused have maintained good conduct and do no
nott have criminal antecedents.
The theory of reformation and rehabilitation aims at separating the criminal
from the crime and compels us to look beyond the one fateful act committed by
him. In a civilised society like ours, it would be truly unfortunate if an offender
is not given the opportunity to realise and fully fathom his mistake and channel
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CRR-959-2022
that awareness into making fruitful contributions in society. A Co-ordinate
ordinate
bench of this Court in Nasri v. State of Haryana 2023(2) Law Herald 2203
2203,,
speaking through
ugh Justice Arun Monga, made the following observations:
"11.2. Objectives and principles of criminal law as envisioned in the
provision ibid, apart from deterrence against committing crime against
society, are inter-alia
inter alia focused on the reformation of offenders,
nders, which
inheres the concept of probation. Modern criminal justice system often
aims to balance punishment with rehabilitation, emphasizing the potential
for positive change in individuals who have committed crime. The goal of
criminal law extends beyond
beyond mere punishment. While punishment serves
to deter and hold individuals accountable for their actions, there is a
growing recognition of the importance of addressing the underlying
factors that contribute to criminal behaviour. This perspective emphasize
emphasizess
the potentials of offenders to reform and reintegrate into society as law
law--
abiding citizens. Probation is one of the mechanisms used to achieve this
reformation objective. In certain cases, certain offenders may be asked to
remain under community supervision
supervision rather than being incarcerated.
During such probation period, the offender can be put to follow certain
conditions, such as regular reporting to a probation officer, participating
in counselling or treatment programs and maintaining employment or
education. The aim is to provide support, guidance and opportunities for
education.
the offender and to address the root causes of their criminal behaviour
and develop positive life skills. Close monitoring and guidance provided
during probation can help the offender make positive changes in their life
and reduce the likelihood of re offending."
7. In view of the facts and circumstances of the case, this Court finds
no perversity or illegality in findings recorded by the learned Courts below,
which warrant interference. Hence, the instant revision petition stands
dismissed.
(HARPREET SINGH BRAR)
January 18, 2025
202 JUDGE
manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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