State of Punjab vs Kesar Singh and Others

Satish Kumar Mittal, J.—The State of Punjab has filed this application u/s 378(3) Cr.P.C., for grant of leave to file appeal against the judgment dated 20.1.2010, passed by the court of Additional Sessions Judge, Patiala, whereby all the five accused (Respondents herein) have been acquitted of the charges 307, 324 and 148 IPC. They have been convicted only u/s 323 IPC and sentenced for the period, already undergone by them during investigation and trial of the case.

During the course of hearing, learned Counsel for the Respondents has pointed out that for the same occurrence, Respondents had also filed a counter complaint against the complainant and others in the police case, wherein they were summoned to face trial. However, in that complaint case, the parties had arrived at compromise and in view of that compromise, the said complaint case was withdrawn by the Respondents. Learned Counsel has further pointed out that the occurrence had taken place on account of dispute between the parties regarding some land and in the occurrence, both the parties had received injuries. During the pendency of the trial court, both the parties compromised the matter regarding the disputed land and subsequently, during the pendency of the complaint, they also compromised in the complaint, on the basis of which, the complaint filed by the Respondents was dismissed as withdrawn.

Keeping in view the aforesaid facts and the fact that the occurrence in this case had taken place about eight years ago, i.e. on 23.3.2003, we are not inclined to grant leave to appeal to the State of Punjab.

Dismissed.