Jarnail Singh vs State Of Punjab And Others
2025 Latest Caselaw 1189 P&H

Punjab-Haryana High Court

Jarnail Singh vs State Of Punjab And Others on 21 January, 2025

                                    Neutral Citation No:=2025:PHHC:008583




CRR-447-2023                                                                     1

282               IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
                                     CRR-447-2023
                                     Date of Decision: 21.01.2025

JARNAIL SINGH                                                    ...Petitioner

                                        Versus

STATE OF PUNJAB AND OTHERS                                     ...Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Ms. Nisha Sihag, Advocate
         for the petitioner

       Mr. Rishabh Singla, AAG Punjab.
                                 ***
Harpreet Singh Brar, J. (Oral)

1. The present revision petition is preferred against the judgment dated

12.12.2022 passed by learned Sessions Judge, Fatehgarh Sahib whereby the

judgment of conviction dated 28.04.2022 passed by learned Judicial Magistrate

Ist Class, Amloh in criminal complaint no. COMI/395/2013 filed under Sections

307, 326, 325, 323, 452, 354, 148, 149, 506 and 34 of Indian Penal Code was

upheld and order of sentence was modified to grant the concession of probation

to the accused persons.

2. In brief the facts of the case of the complainant are that complainant

has filed a complaint on the allegations that on 13.11.2012 in the Diwali night,

children of complainant were bursting crackers. Harbans Singh neighbour of the

complainant raised objections regarding burning crackers. Due to this reason,

complainant stopped his children from bursting crackers. On the evening of

Diwali, Avtar Singh cousin of the complainant had come to the house of

complainant and children of complainant namely Lakhwinder Singh, Manpreet

Singh went to the house of Avtar Singh. When children of complainant were

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returning from the house of Avtar Singh, then accused Gurcharan Singh and his

son Gandu used filthy language against the children of complainant and

threatened to kill them. In this regard complainant had given an intimation in

police station Bugga Kalan. On 14.11.2012 at about 5:30 pm complainant, his

brother Avtar Singh, his wife and children were present in their house. Then

accused entered into the house of complainant along with weapons. Accused

Jassi was armed with stick, accused Balli was armed with stick, accused Pal

Singh and Rajpal Kaur were armed with dandas. Jinder Singh, Kulwinder singh

and Rani were armed with dangs and all the accused persons attacked the

complainant and his family members after forcibly entering into the house of

complainant. Accused Jinder Singh and Kulwinder Singh raised lalkara that

they should be taught a lesson for complaining against them in the police

station. Accused started abusing the family of complainant. When complainant

tried to stop accused for doing so, then accused Jassi gave stick blow on the

complainant, which hit on the mouth of complainant. Accused Balli gave stick

blow on the person of complainant, which hit on the left cheek of complainant

and due to this, jaw of complainant was broken. Accused Gandu gave danda

blow on the person of complainant which hit on the shoulder of complainant and

complainant fell down. When cousin of complainant Surjit Singh tried to rescue

complainant, then accused Jinder Singh and accused Gandu gave dang blow on

the person of Surjit Singh. Due to which, he suffered injuries on his head and

blood started oozing and he fell down. When wife of complainant tried to stop

accused from attacking on complainant and Surjit Singh, then accused

Kulwinder Singh and Jinder Singh caught hand of wife of complainant and tried

to outrage her modesty. Accused Rani and Rajpal Kaur gave dang blow on the

wife of complainant, which hit on left little finger of wife of complainant and 2 of 5

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due to this, finger of wife of complainant was broken. Rajpal Kaur gave dang

blow on the back of wife of complainant, due to which she fell down. When

nephew of complainant Manpreet Singh tried to rescue them, then accused

Gandu gave dang blow on the leg of Manpreet Singh and accused Jinder Singh

gave stick blow on the leg of Manpreet Singh and due to this leg of Manpreet

Singh was broken. They raised alarm, then brother of complainant namely Daljit

Singh came there. On seeing the gathering, accused persons ran away along with

their respective weapons. Daljit Singh got admitted complainant, Surjit Singh,

Manpreet Singh and Manpreet Kaur in Civil Hospital Amloh, from where they

were referred to Civil Hospital Fatehgarh Sahib and said hospital again referred

the complainant to Dental Hospital Patiala and Dental Hospital Patiala referred

the complainant to Rajindra Hospital Patiala and from where the complainant

was referred to PGI Chandigarh. Matter was reported to the police but police

had not taken any action. Hence, the present complaint.

3. On assessing all the material available on the record, the learned

trial Court convicted and sentenced the respondents-accused vide judgment and

order of sentence dated 28.04.2022 under Sections 323, 325, 148 read with

Section 149 of Indian Penal Code. Aggrieved by the same, the respondents-

accused preferred an appeal before the learned lower Appellate Court wherein

the judgment of conviction was upheld but the order of sentence was modified

to extend the concession of probation to the respondents-accused vide judgment

dated 12.12.2022.

4. Ms. Nisha Sihag, Advocate has put in appearance on behalf of petitioner and filed her power of attorney. Same is taken on record. Learned counsel for the petitioner contends that the learned Court below fell into error by modifying the sentence of the respondents to probation for a period of one year as the same is based on untenable grounds. The charges against the respondents-

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accused stand duly proven by all the prosecution witnesses and as such, the learned Court below ought not to have granted the benefit of probation to them. Further, the learned Court below had awarded total Rs. 25,000/- as compensation payable to the petitioner and other persons who had received injuries, which is on the lower side and deserves enhancement in view of the injuries sustained.

5. Learned State counsel supports the impugned judgments and

submits that the respondents-accused were correctly granted the benefit of

probation for their good conduct on furnishing probation bonds which serves the

ends of justice.

6. Having heard the learned counsel for the parties and after perusing

the record with their able assistance, it transpires that the respondents-accused

have maintained good conduct and do not 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 that

awareness into making fruitful contributions in society. A Co-ordinate bench of

this Court in Nasri v. State of Haryana 2023(2) Law Herald 2203, speaking

through Justice Arun Monga, made the following observations:

"11.2. Objectives and principles of criminal law as envisioned in the pro- vision ibid, apart from deterrence against committing crime against soci- ety, are inter-alia focused on the reformation of offenders, 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 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 emphasizes the potentials of offenders to reform and reintegrate into society as 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 rather than being incarcerated.

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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 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 lower Appellate

Court which warrants interference. Hence, the instant revision petition stands

dismissed.

8. Pending miscellaneous application(s), if any, shall also stand

disposed of.

                                                (HARPREET SINGH BRAR)
                                                       JUDGE
21.01.2025
Ajay Goswami


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




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