Harchand Singh vs State Of Punjab & Ors on 24 March, 2026

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    Punjab-Haryana High Court

    Harchand Singh vs State Of Punjab & Ors on 24 March, 2026

    CRR-3716-2015 (O&M)                                         -1-
    
    
    
    
                 IN THE HIGH COURT OF PUNJAB & HARYANA
                             AT CHANDIGARH
    
    
    229
    
    
    
    
                                            CRR-3716-2015 (O&M)
                                            Reserved on:      16.02.2026.
                                            Date of decision: 24.03.2026.
                                            Uploaded on:      24.03.2026.
    
    
    
     Whether only operative part of the
     judgment is pronounced or the full
     judgment is pronounced.            Operative part/full judgment
    
    
    
    
    HARCHAND SINGH
                                                                      ...Petitioner(s)
    
    
                                       VERSUS
    
    
    STATE OF PUNJAB AND OTHERS
                                                                      ...Respondent(s)

    CORAM : HON’BLE MR. JUSTICE VINOD S. BHARDWAJ

    Present: – Mr. Saksham, Advocate,
    for the petitioner(s).

    SPONSORED

    Mr. Mohit Kapoor, Sr. DAG, Punjab.

    for the respondent.

    
    
    
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    1. The instant revision petition has been filed challenging the

    judgment dated 05.02.2015 passed by the learned Additional Sessions Judge,

    Ludhiana, whereby respondent Nos. 2 to 6 were ordered to be released on

    probation for a period of six months, by modifying the judgment of conviction

    and order of sentence dated 20.12.2011 passed by the learned Judicial

    Magistrate First Class, Ludhiana in case bearing FIR No. 366 dated

    20.10.1997 under sections 323, 452, 506, 342, 365, 148, 149 of the Indian

    Penal Code, 1860 registered at Police Station Sadar, Ludhiana.

    2. The facts of the present case, in brief, are that on 19.10.1997, a

    medical ruqa was received from Police Post Laddowal regarding the recording

    of the statement of an injured person, namely Harnam Singh. Pursuant thereto,

    ASI Harjinder Singh reached the Civil Hospital and moved an application

    seeking the opinion of the attending doctor regarding the fitness of the injured

    to make a statement. The doctor opined that the injured was unfit to make a

    statement at that time. Thereafter, on 20.10.1997, ASI Mohinder Singh, along

    with other police officials, visited the Civil Hospital and again sought the

    opinion of the doctor regarding the fitness of the injured. On this occasion, the

    doctor declared Harnam Singh fit to make a statement. Accordingly, his

    statement was recorded. In his statement, Harnam Singh stated that on

    18.10.1997, at about 11:00 PM, he was sleeping in a room along with his wife.

    The wife and children of Harchand Singh were sleeping in another room,

    while Harchand Singh himself had gone to the grain market to sell paddy. At

    that time, his nephew Darshan Singh knocked at the door, which was opened

    by his wife. Upon entering, Darshan Singh caught hold of his wife by her hair

    and assaulted her. He was accompanied by Gulzar Singh and Avtar Singh,

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    who were armed with motorcycle chains, while Kuldeep Singh, a friend of

    Gulzar Singh, and Hans Raj were empty-handed. It is further alleged that all

    the accused forcibly entered the house and upon a lalkara raised by Darshan

    Singh, Gulzar Singh and Avtar Singh inflicted injuries upon the complainant’s

    wife with motorcycle chains. As a result of the assault, she fell to the ground.

    Thereafter, Darshan Singh and Kuldeep Singh gave kicks and blows on her

    abdomen and back. Darshan Singh also inflicted an injury with a dattar on the

    upper side of her head, while Gulzar Singh caused injuries on her eyes, nose,

    and other parts of her body. Avtar Singh also inflicted an injury on the

    complainant’s abdomen with a motorcycle chain. It is further stated that upon

    raising an alarm, Amarjit Kaur, wife of Harchand Singh, awoke and also

    raised an alarm. Thereafter, the accused placed the complainant in a tractor-

    trolley driven by Darshan Singh. However, due to a mechanical fault in the

    tractor, the vehicle stopped on the way and upon noticing the headlights of

    another vehicle approaching, the accused fled from the spot along with their

    weapons. The motive attributed to the accused is that Darshan Singh intended

    to obtain the thumb impressions of the complainant on a will pertaining to

    land measuring five acres in his favour. Hence, FIR No. 336 dated 20.10.1997

    under sections 323, 452, 506, 342, 365, 148, 149 of the Indian Penal Code,

    1860 was registered at Police Station Sadar, Ludhiana. Investigation was

    carried out and upon completion thereof, the final report challan was presented

    against the accused.

    3. Upon presentation of the challan before the Ilaqa Magistrate,

    copies of all documents relied upon by the prosecution were supplied to the

    accused u/s 207 Cr.P.C., free of costs. Thereafter, upon hearing the learned

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    counsel for the parties and on perusal of the material available on record, the

    Ilaqa Magistrate found a prima facie case to be made out and accordingly

    framed charges against the accused under Sections 323, 452, 506, 365 and 149

    of the Indian Penal Code, 1860 to which the accused pleaded not guilty and

    claimed trial.

    4. In order to substantiate its case, the prosecution examined PW-1

    Harchand Singh, PW-2 Harnam Singh, PW-3 HC Parghat Singh (wrongly

    renumbered as PW-2), PW-4 HC Bhag Singh, PW-5 Amarjit Kaur and PW-6

    Dr. U.S. Sooch. Thereafter, the remaining evidence of the prosecution was

    closed by order of the Court.

    5. Upon closure of the prosecution evidence, the accused-

    respondents were examined under Section 313 of the Code of Criminal

    Procedure, wherein all incriminating circumstances were put to them, which

    they denied in toto and pleaded false implication. However, they did not lead

    any evidence in defence.

    6. Upon consideration of the evidence led by parties as well as the

    arguments advanced before it, the Trial Court vide its judgment dated

    20.12.2011 convicted and sentenced the private respondents as under:-

     Name of Convicts      Under Sections           Rigorous           Fine
                                                    Imprisonment
     Gulzar Singh          452 IPC                  Two years          Rs.300/-
                           365 IPC and              Two Years          Rs.500/-
                           323 IPC                  Six Months         Rs.200/-
     Avtar Singh           452 IPC                  Two years          Rs.300/-
                           365 IPC and              Two Years          Rs.500/-
                           323 IPC                  Six Months         Rs.200/-
     Hans Raj              452 IPC                  Two years          Rs.300/-
                           365 IPC and              Two Years          Rs.500/-
                           323 IPC                  Six Months         Rs.200/-
    
    
    
    
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     Darshan Singh         452 IPC                  Two years          Rs.300/-
                           365 IPC and              Two Years          Rs.500/-
                           323 IPC                  Six Months         Rs.200/-
     Kuldip Singh          452 IPC                  Two years          Rs.300/-
                           365 IPC and              Two Years          Rs.500/-
                           323 IPC                  Six Months         Rs.200/-
    
    
    

    All the sentences were to run concurrently. However, in default

    of payment of fine, they were to undergo Simple imprisonment for one month.

    7. Aggrieved by the said judgment of conviction, the private

    respondents herein preferred a criminal appeal bearing No. 68 dated

    12.01.2012 before Additional Sessions Judge, Ludhiana. The appellate court,

    upon reappraisal of the material on record, dismissed the appeal vide

    judgment dated 05.02.2015, holding that no illegality or infirmity could be

    found in the judgment rendered by the learned Trial Court. However, the

    private respondents herein were ordered to be released on probation for a

    period of six months. Aggrieved by the grant of probation to the private

    respondents, the complainant-petitioner has instituted the present petition.

    8. Learned counsel appearing on behalf of the petitioner contends

    that the said judgment is erroneous in law, suffers from misappreciation of

    facts and has resulted in miscarriage of justice, thereby causing serious

    prejudice to the petitioner and prays that the impugned judgment be set aside

    and the sentence imposed by the Trial Court be restored.

    9. Learned counsel submits that FIR No. 366 dated 20.10.1997 was

    registered under Sections 323, 452, 506, 342, 365, 148 and 149 IPC at Police

    Station Sadar, Ludhiana, at the instance of Harnam Singh (since deceased),

    who was the real uncle of the present petitioner. It is submitted that Harnam

    Singh and his wife Lajjo, being aged and issueless, were residing with the

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    petitioner, who was taking care of them. Harnam Singh owned approximately

    five killas of land and intended to transfer the same in favour of the petitioner.

    Owing to this, respondent No. 5 developed animosity and, along with his

    associates, forcibly entered the house of the petitioner in his absence and

    assaulted the elderly couple. It is further submitted that upon completion of

    trial, the learned Trial Court, after appreciating the ocular as well as

    documentary evidence, convicted the respondents and sentenced them to

    undergo rigorous imprisonment for a period of two years vide judgment dated

    20.12.2011. Aggrieved thereof, the respondents preferred an appeal. During

    the pendency of the appeal, the parties entered into a compromise with the

    intervention of respectable persons of the society, pursuant to which the

    respondents sought leniency from the Appellate Court.

    10. Learned counsel contends that the learned Appellate Court,

    taking note of the compromise and statements of the parties, extended the

    benefit of probation to the respondents, subject to their good behaviour and

    accordingly modified the sentence. It is submitted that the very foundation of

    the said order was the compromise arrived at between the parties, which

    included specific terms and obligations, particularly requiring respondent No.

    5 to transfer a portion of land in favour of his brother, Buta Singh.

    11. It is vehemently contended that the respondents have willfully

    failed to comply with the terms of the compromise, despite repeated requests

    made by the petitioner. Even the intervention of the Panchayat proved futile,

    as respondent No. 5 neither appeared nor offered any explanation for such

    non-compliance. It is submitted that such conduct demonstrates that the

    respondents had no bona fide intention to honour the compromise and had

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    merely used the same as a device to secure leniency from the Court.

    12. Learned counsel submits that the concession of probation is

    premised upon the good conduct of the accused and the existence of mitigating

    circumstances. In the present case, by failing to adhere to the terms of the

    compromise, the respondents have not only violated the conditions implicit in

    the grant of probation but have also abused the process of law. It is argued

    that once the very basis, on which the benefit of probation was granted, ceases

    to exist, the respondents cannot be permitted to retain such benefit. It is further

    contended that the grant of probation does not obliterate the conviction, but

    merely suspends the execution of the sentence. The conviction of the

    respondents continues to subsist and once the special circumstances justifying

    the grant of probation stand frustrated, the respondents are liable to undergo

    the sentence imposed by the Trial Court.

    13. Learned counsel also submits that the conduct of the respondents,

    viewed in its entirety, reveals a dishonest and mala fide intention from the

    very inception. The respondents, apprehending affirmation of conviction,

    entered into a compromise to secure relief but thereafter deliberately did not

    fulfill their obligations. Counsel submits that such conduct disentitles them

    from any equitable relief and prays that the impugned judgment granting

    probation be set aside and the respondents be directed to undergo the sentence

    awarded by the learned Trial Court.

    14. Notice was issued to respondents No.2 to 6, i.e., private

    respondents herein. A perusal of the order dated 23-01-2017 shows that the

    private respondents were served, but none other than respondent No.5 entered

    appearance. The matter pertains to the year 2015, and already a period of

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    nearly 10 years has elapsed. Even the counsel for respondent No.5 stopped

    appearing. This Court thus appoints Ms. Samridhi Sareen, Advocate, (P-3844-

    2017; Mobile No.7830851334) who is present in Court, as the legal aid

    counsel on behalf of respondents No.2 to 6. She went through the State file

    and has addressed the arguments.

    15. Learned legal aid counsel and the counsel appearing on behalf of

    the State submit that the impugned judgment passed by the Appellate Court is

    well-reasoned and has been rendered after due consideration of the entire

    material available on record. It is contended that the Appellate Court has duly

    appreciated the evidence, the nature of allegations, the circumstances of the

    case and also noticed the compromise arrived at between the parties and

    thereafter exercised its discretion judiciously while extending the benefit of

    probation to the respondents. It is submitted that settlement was one amongst

    multiple factors that were taken into consideration by the Appellate Court, and

    the same was not the only reason. It is submitted that even otherwise, the

    respondents are eligible for claiming probation, as per law, even in the absence

    of the compromise. Learned legal aid counsel further submits that even

    otherwise, more than 11 years since the release on probation, have passed.

    The respondents have cleared their probation. Upsetting the order at this

    belated stage would be inequitable and unjust to respondents No.2 to 6. It is

    further submitted that no illegality, perversity or material irregularity can be

    attributed to the impugned judgment so as to warrant interference by this

    Court in exercise of its revisional jurisdiction.

    16. I have heard learned counsel appearing on behalf of the parties

    and have also gone through the documents appended along with the present

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    petition as well as considered the arguments advanced.

    17. Before proceeding further into the matter, it is apposite to make

    a reference to the finding recorded by the first Appellate Court. The relevant

    part thereof reads thus: –

    “9. I have heard the Ld. Counsel for the appellants Sh.
    P.S.Saran Advocate, and Ld. Addl. PP for the respondent/State,
    with their able assistance, I have carefully gone through the
    judgment of the learned trial court. At the very outset of
    commencement of the arguments, the accused/appellants have
    moved an application that they do not contest the verdict of
    conviction accorded by the learned trial court vide impugned
    judgment, as they had sorted out the differences with Harchand
    Singh. They have requested for taking a lenient view with regard
    to the sentence so imposed and has requested for releasing him
    on probation. They have also made a statement in this regard.
    Statement of complainant Harchand Singh has also been
    recorded qua effecting of compromise. It has categorically come
    in his statement that two of the appellants are his real brothers
    namely Gulzar Singh and Avtar Singh and other appellants are
    his real relatives and belonging to the same village. He has also
    proved on record the compromise Ex.PX.

    10. In the light of the assistance rendered, coupled with the
    factum that the appellants have not challenged the judgment of
    conviction having been passed by the learned trial court, rather
    it is only with regard to sentence part that the learned counsel
    for the appellants have laid emphasis for taking lenient view for
    releasing the convicts on probation.

    11. I have heard the learned counsel for the appellants and
    have carefully gone through the record of the learned lower
    court. As the appellants have brought to the notice of the court

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    by filing of application and have also made their joint statement
    in the court on oath that they do not want to contest the appeal
    on merits, thus, the appeal preferred against the judgment of
    conviction is hereby dismissed, as the appellants through their
    counsel have rendered the assistance that they do not dispute the
    verdict of conviction, so accorded by the learned trial court.

    12. Now coming to the aspect with regard to the sentence part,
    the court is of the considered opinion that as the convicts have
    been facing the trial since 1998 and as per the ratio decidendi
    laid down in 2011(2) Law Herald(P&H) 1648 in case titled as
    Amrik Singh Vs. State of Punjab, wherein it has been laid down
    by
    our own High Court that sending the first time offender to Jail
    in the company of hard core criminals, unjustified-First time
    offender must be given a chance to reform and he be released on
    probation.
    Similarly has been laid down in Case titled as Jagir
    Singh vs. The State of Punjab
    , 2010 (1) RCR(Crl.) Page 525
    (P&H), wherein it has been held that in a case of conviction
    under Section 326, 324 and 323 of IPC by the Trial Court, the
    Hon’ble High Court altered conviction from Section 326 to one
    under Section 324 as injury on the person of victim was simple
    in nature. However, the accused persons released on probation
    on the ground that they were facing protracted trial for more than
    17 years and were not habitual offenders.

    13. It has been further made clear by our own Hon’ble High
    Court that in a theft case under Section 379 of IPC, titled as Surjit
    Singh and Anr. Vs. State of Punjab
    , 2010(6) RCR(Crl.) Page 829
    that the petitioners are facing the protracted criminal
    proceedings since 1999 and there was no criminal antecedents
    of accused, the petitioners were directed to be released on
    probation of good conduct on payment of costs of the
    proceedings to the tune of Rs. 5000/-.

    14. Our own Hon’ble Punjab and Haryana High Court in

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    Hazara Ram and another Vs. Jagir Singh and another 2009(5)
    RCR(Crl.) Page 440, has further made crystal that the accused
    having no past criminal history and have been facing the
    criminal proceedings for the last 17 years. The conviction of
    accused was upheld, but order of the sentence set-aside. Accused
    was released on probation for a period of two years each.

    15. It has been also laid down by the Hon’ble High Court in
    case titled as Beant Singh Vs,State of Punjab 2012(1) RCR(Crl.)
    Page 594 that the accused was below the age of 18 years when
    the offence was committed. Accused was released on probation
    keeping his age in view in mind and the fact that he is first
    offender. He is married and having a minor daughter and is
    looking after his old parents.

    16. Thus, taking into the note the totality of the facts and
    further that the purpose of imposition of sentence is to serve a
    dual purpose i.e. retributive -cum re-formative as the appellants
    are the first offenders and have been facing the trial since 1998.
    Hence, as per the ratio decidendi laid down in the case law
    referred above, the court is of the considered opinion that the
    appellants deserve to be released on probation on their
    furnishing probation bonds in the sum of Rs. 10,000/- with one
    surety in the like sum by each of them and to be of good behaviour
    for a period of six months and not to commit any offence of the
    like nature. The amount of the fine so imposed is hereby
    converted into the costs of litigation. Trial Court file be sent back
    along with copy of this judgment and appeal file be consigned to
    the Record Room.

    18. A perusal of the judgment rendered by the Appellate Court

    reflects that the grant of probation certainly considered compromise as one of

    the prime factors, but there were other independent and well-reasoned

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    consideration of relevant legal principles and attendant circumstances by

    referring to precedents wherein probation was granted. The said precedents

    were not of probation based on compromise, but other governing factors for

    probation, which such factors also exist in the present case. The precedents

    relied upon and referred to by the Court are the ones that are deemed

    applicable on the facts of the case. Hence, the legal fiction that flows

    therefrom is that all the attendant circumstances referred to therein, are

    reasonably applicable to the case in hand, and hence the same benefit is

    extended. The petitioner has also not raised any argument disputing the same

    and has rendered his arguments only on non-adherence to the compromise.

    19. It is also noticed that the Appellate Court has relied upon a catena

    of judgments of this Court, wherein it has been consistently held that first-

    time offenders, who have undergone the rigours of a prolonged trial and do

    not possess any criminal antecedents, ought to be afforded an opportunity of

    reformation rather than being subjected to incarceration. The emphasis placed

    by the Appellate Court is clearly on the reformative aspect of sentencing,

    taking into account that the respondents had been facing trial since the year

    1998, i.e., for nearly 17 years.

    20. In view of the above, I am of the opinion that the compromise, at

    best, constituted one of the surrounding circumstances, but was not the sole

    determinative factor for extending the benefit of probation.

    21. Equally untenable is the argument that failure to comply with the

    terms of the compromise would ipso facto entail cancellation of probation.

    The order of grant of probation was governed by statutory provisions and

    judicial discretion and was not contingent upon the enforcement of private

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    arrangements between parties. Once the Appellate Court, in exercise of its

    jurisdiction, has extended the benefit of probation on legally sustainable

    grounds, the same would not be withdrawn merely on account of an alleged

    breach of the compromise.

    22. Moreover, a period of 11 years, since the release on probation has

    already elapsed. The private respondents have not violated the probation. It

    would not be in the fitness of things or equity, at this stage, to interfere in the

    order of probation.

    23. In view of the aforesaid, the challenge raised by the petitioner,

    premised on an erroneous understanding of the basis of the impugned

    judgment, is devoid of merit.

    24. It is a settled principle of law that in the absence of any

    demonstrable perversity, illegality or manifest error in the conclusions arrived

    at by the Courts below, the findings so recorded do not call for interference.

    It is also settled that where two views are reasonably possible on the basis of

    the evidence on record, the view which has commended itself to the Trial

    Court and has been affirmed by the Appellate Court ought not to be disturbed

    merely on the ground that another view may also be conceivable. It is further

    well established that the scope of revisional jurisdiction is inherently limited.

    While exercising such jurisdiction, the High Court does not sit as a court of

    appeal to re-appreciate the entire evidence or to substitute its own conclusions

    for those arrived at by the Courts below. Interference is warranted only where

    there exists a patent illegality, gross perversity, material irregularity or a

    manifest miscarriage of justice.

    25. In the present case, no such infirmity, be it illegality, perversity,

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    impropriety, or mis-appreciation of evidence has been pointed out or is

    otherwise discernible from the record in the judgments rendered by the

    Courts. The findings are based on a proper and judicious appreciation of the

    evidence and do not suffer from any error warranting interference in revisional

    jurisdiction.

    26. Consequently, finding no merit in the present revision petition,

    the same stands dismissed.

    27. A copy of this order be also sent to the High Court Legal Services

    Committee, for further necessary action.

    
    
    
    March 24, 2026.                                    (VINOD S. BHARDWAJ)
    raj arora                                                 JUDGE
    
                    Whether speaking/reasoned          : Yes/No
                    Whether reportable                 : Yes/No
    
    
    
    
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