Gurdeep Singh and others vs State of Punjab

K.P.S. Sandhu, J. (Oral)

The three petitioners, namely Gurdeep Singh, Kashmir Singh and Budh Singh were tried along with Nidhan Singh, their coaccused under sections 325 and 323 read with section 34, Indian Penal Code. The trial Magistrate convicted Nidhan Singh substantially under section 325, Indian Penal Code, and the three petitioners with the help of section 34, Indian Penal Code. The petitioner were further convicted under section 323 read with section 34, Indian Penal Code. As per the prosecution case, the solitary grievous injury suffered by Gurdeep Singh PW was attributed to Nidhan Singh, whose appeal was allowed by the lower appellate Court. While acquitting Nidhan Singh from the charge under section 325, Indian Penal Code, the lower appellate Court did not specifically mentionwhether the conviction of the three petitioners under section 325 read with section 34, Indian Penal Code, has been maintained or they have been acquitted of this charge. But it follows that he meant to acquit the petitioner of the charge under section 325, read with section 34, Indian Penal Code. However, the lower appellate Court thought it proper to give the benefit of Probation of Offenders Act to the petitioner for their conviction u/s 323/34 I.P.C. They are alleged to have caused simple injuries to Pritam Singh PW with blunt weapon.

Pritam Singh injured PW has placed on record an affidavit showing that he has compromised the matter with the petitioner and has no grievance left against them. In view of this affidavit of Pritam Singh PW, 1 acquit the petitioner and discharge them of their surety bonds