As per case facts, a criminal revision petition was filed against conviction under IPC Sections 326, 324, and 323, upheld by the Additional Sessions Judge. The prosecution alleged that petitioners ...
CRR-3288-2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRR-3288-2009 (O&M)
Gurdeep Singh and another
... Petitioners
Versus
State of Punjab
... Respondent
Reserved on: 27.07.2026
Pronounced on: 31.07.2026
Uploaded on: 31.07.2026
Whether only the operative part of the judgment is pronounced ? No
Whether full judgment is pronounced ? Yes
CORAM: HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI
Argued by: Mr. Daldeep Singh, Advocate
for the petitioners.
Ms. Gurpreet Kaur Sarabha, AAG, Punjab.
*******
RAMESH CHANDER DIMRI, J.
1. This judgment shall dispose of a Criminal Revision Petition
filed against the judgment dated 10.11.2009 passed by learned Additional
Sessions Judge (Adhoc), Fast Track Court, Mansa vide which an appeal
filed by the petitioners/accused (for brevity, ‘petitioners’) against the
judgment of conviction dated 19.09.2007 and an order of sentence of that
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very date passed by learned Judicial Magistrate 1
st
Class, Budhlada (for
brevity, ‘Magistrate’) arising out of an FIR No.81 dated 26.10.1998
registered under Sections 324, 323, 34 of the Indian Penal Code, 1860 (for
brevity, ‘1860 Code’) at Police Station Budhlada, District Mansa, thereby
convicting and sentencing the petitioners for commission of offences under
Sections 326, 324, 323 read with Section 34 of 1860 Code, was dismissed.
2. Prosecution case as contained in the FIR Ex.PA/3 is that on
17.10.1998 at about 11.00 pm, a ruqa was received in Police Station
Budhlada from Primary Health Centre, Budhlada that PW2 Balla Singh son
of Sh. Teja Singh resident of Village Kulana stood admitted to the said
Centre with a history of injuries. On getting the said ruqa, PW4 ASI
Sukhdev Singh of the said police station and others reached the said
Primary Health Centre and obtained MLR of PW2 Balla Singh from the
concerned doctor. He was declared unfit on the said date and therefore, his
statement could not be recorded. On 18.10.1998, the said ASI etc. again
went to the said Centre but the doctor concerned intimated that PW2 Balla
Singh has been referred to Civil Hospital, Mansa. In turn, the said ASI etc.
reached the said hospital but PW2 Balla Singh was declared unfit for the
said purpose on that date also. Said ASI also received a ruqa about
admission of the petitioner Gurdeep Singh resident of Village Kulana in
PHC Budhlada with a history of injuries. On 19.10.1998, the said ASI etc.
again reached Civil Hospital, Mansa for recording statement of the injured.
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He was declared fit for the said purpose. Accordingly, the said ASI recorded
statement Ex.PA of PW2 Balla Singh. A translated version of the said
statement has been filed by the petitioners on record as Annexure P-5/T.
Such version is reproduced as under: -
“Statement of Balla Singh s/o Teja Singh, Jat, resident of
Kulana, P.S. Budhlada, aged about 28 years.
I am resident of Village Kulana. Our residence is on
pucca Budhlada road in our fields. Our fields are on the East
side at higher level. On the West side, the fields of Gurbaksh
Singh, Gobind Singh sons of Mehar Singh, Jat, resident of
Kulana, are located across the road which are on lower level.
Due to heavy rain, water from our fields overflowed and
entered into the paddy fields of Gurbaksh Singh etc. across the
road. They filed a complaint against us in the police station.
On 17.10.98 in the night at about 09.00 PM, Police came and
then I and Labh Singh son of Sadhu Singh went away to the
village to call Tara Singh, my grandfather and other persons.
In the meantime, the police and other respectable persons
stopped the flow of water. Then I and Labh Singh were coming
to our house at about 10.00 PM. The electric light from Sadhu
Singh’s dhani was shining on the road. I saw that Gurbaksh
Singh armed with gun, Gurdeep Singh son of Gurbaksh Singh
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armed with Ghop and Bhundi Singh son of Jaggar Singh
Ramdasia who is servant of Gobind Singh armed with dang
were standing on the road near the fields of Gurbaksh Singh.
When we were about to pass by them, Gurdeep Singh gave
blow with Ghop on my right elbow and Bhundi Singh gave
blow with dang on the head. I fell down, then Gurdeep Singh
gave blow with Ghop on right side of my chest. Bhundi Singh
gave injuries with dang on my body. I and Labh Singh raised
noise then Sadhu Singh came at the spot. In the meantime, they
all three ran away along with their respective weapons.
Thereafter, my father after arranging the vehicle got me
admitted at Civil Hospital, Mansa, where I am under treatment.
Due to grudge of overflow of rain water, they have caused
injuries to me. I have got recorded the statement and heard the
same, which is correct. I am complainant. Action be taken.
Attested
Sukhdev Singh ASI Balla Singh above
P.S. Budhlada LTI
19.10.98”
3. MLR of the said PW contained 07 injuries. Injuries No.1 to 5
on his person were found to be simple having been caused by a blunt
weapon whereas injuries No.6 & 7 were described as caused by sharp-
edged weapon. Injuries No.5 to 7 were kept for X-ray. On the basis of the
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said statement and contents of the said MLR, said ASI found offences under
Sections 323, 324, 34 of 1860 Code to have been committed and decided
that further action in the matter shall be taken on receipt of X-ray report.
Since he received intimation about the petitioner Gurdeep Singh also
receiving injuries, he found statement of PW2 Balla Singh as doubtful and
decided that the said statement shall be entered in roznamcha for
verification by SHO concerned and further action shall be taken only after
such verification. He accordingly entered the said statement in the
roznamcha.
4. Thereafter, on 26.10.1998, the said ASI recorded statement of
the petitioner Gurdeep Singh son of Gurbax Singh resident of Village
Kulana. Its true translation has been filed on record by the petitioners. It is
reproduced as under: -
“I am permanent resident of Village Kulana and do
agricultural work. On the road going towards the village my
field is towards South, which is low. Towards North there are
the fields of Teja Singh son of Gurdial Singh and Sadhu Singh
son of Chanan Singh which are on higher level. Due to water
entering our fields the paddy crop had got lodged. Teja Singh
released the water of his fields towards the road. We built a
bundh adjoining our fields on the road to stop the water from
flowing into our fields and we had also given information to
CRR-3288-2009 -6-
Police Station Budhlada. The police arrived at the spot and
stopped the flow of water at around 9 PM. Teja Singh was at
home, his son Balla Singh was not found. Bhundi Singh and I
sat on guard on the road near our fields. At about 10 PM Balla
Singh son of Teja Singh armed with gandasa and Labh Singh
son of Sadhu Singh armed with Kasia came near us and started
releasing water. I stepped forward to stop them. Balla Singh
directly gave gandasa blow on me which hit on the palm of left
hand, Labh Singh caused injuries to me with Kasia on my left
elbow and left gurj and Bhundi Singh rescued me. While
stopping flow of water they caused injuries to me. Thereafter in
the morning my father got me admitted at Hospital where I am
under treatment. I have got recorded the statement, I am
complainant. Action be taken. Sd/ Gurdeep Singh, Attested
Sukhdev Singh ASI P.S. Budhlada.
5. On the basis of the said statements, the following proceedings
filed by the petitioners on record were recorded: -
“Police Proceedings: Myself ASI alongwith C-Gurdeep Singh
212, PHG Mara Singh, PHG Gurcharan Singh, on 18.10.98,
had gone to record statement of Balla Singh at CH Mansa,
when one ruqa from Medical Officer, PHC Budhlada was
received that Gurdeep Singh S/o Gurbaksh Singh Jat resident
CRR-3288-2009 -7-
of Kulana, was admitted in injured condition. On return,
opinion was sought from the doctor to record the statement of
the injured, who declared injured was unfit. Today again
alongwith PHG Mara Singh and PHG Gurcharan Singh, I
reached at PHC Budhlada and after taking the opinion that
injured was capable to record statement, the statement of
Gurdeep Singh was recorded word by word and read over, who
after acknowledging it to be correct put his signature under his
statement which was verified by me. In MLR No.175/98/KRG of
Gurdeep Singh total three injuries, injury No. 1, 2 blunt and
kept for X-ray, injury No.3 with sharp weapon had been
mentioned and kept for consideration. From the statement of
the complainant and MLR offence under section 323/324/34 IC
is made out. This statement is concerning the earlier statement
recorded by Balla Singh son of Teja Singh resident of Kulana.
In this regard with the action taken on Balla Singh's statement
the proceeding will be carried out. Sd/ Sukhdev Singh ASI P.S.
Budhlada, Civil Hospital, Health Center Budhlada 9:30 AM.
The entry of statement was made as per rules. True Copy Sd/-
Jasveer Singh A/MHC P.S. Budhlada dated 26.10.98. Police
Proceeding: The investigation of the above rapat was
conducted by SI Joga Singh-SHO who directed myself SI that
CRR-3288-2009 -8-
facts have been found correct. By taking the X-Ray Film and X-
Ray Report of Balla Singh son of Teja Singh - Jat resident of
Kulana, inquiry be made about the nature of injuries. Today
myself ASI obtained X-Ray Film and Report from Civil
Hospital, Mansa, and the doctor. From the investigation of X-
Ray Report and MLR offences u/s 324/323/34 IPC have been
made out. With regard to the ziman of report the nature of
injury, further action will be taken as the situation arises.
Sukhdev Singh ASI P.S. Budhlada dated 26.10.98.”
6. On the basis of said statement of Balla Singh and police
proceedings, FIR Ex.PA/3 dated 26.10.1998 was registered. A cross-case in
respect of the said statement of the petitioner Gurdeep Singh was also
registered. During investigation, Section 326 of 1860 Code was added to the
FIR and on conclusion, the petitioners Gurdeep Singh and Bhundi Singh
were found to be involved in the commission of offences of the FIR in
question whereas third accused Gurbax Singh was found to be innocent by
the police. Accordingly, on conclusion of the investigation, a report under
Section 173 of the Code of Criminal Procedure, 1973 (for brevity, ‘1973
Code’) was filed against the petitioners before the Court concerned. Final
report in the said cross-case was also filed against PW2 Balla Singh and
PW3 Labh Singh.
7. After receipt of the said report/s, concerned Magistrate
CRR-3288-2009 -9-
complied with Section 207 of the 1973 Code and thereafter, heard the State
of Punjab as well as the defence on the issue of framing of charges against
the petitioners. After such hearing, it chargsheeted them under Sections 326,
323, 324, 34 of 1860 Code. The petitioners pleaded not guilty to the charges
and claimed trial. In his evidence, PW2 Balla Singh also indicted the said
Gurbax Singh as armed with a gun participating in the occurrence of the
FIR. The prosecution then filed an application under Section 319 of 1973
Code. After hearing the State on the said application, the trial Court, vide
order dated 29.08.2001, summoned the said Gurbax Singh as an additional
accused. On appearance of the said Gurbax Singh, prosecution and the
defence were again heard on the issue of framing of charges against the
petitioners and another. After such hearing, they all three were
chargesheeted under Sections 326, 323, 324, 34 of 1860 Code. They
pleaded not guilty to the charges and claimed trial. In its evidence, the
prosecution examined the following four witnesses: -
Sr. No. Name of the witness Nature of evidence
1. PW1 Dr. Kuldeep Rai Medico Legal Examination witness
2. PW2 Balla Singh Complainant/injured
3. PW3 Labh Singh Eyewitness
4. SI Sukhdev Singh Investigating Officer
CRR-3288-2009 -10-
8. In addition to examination of the said witnesses, the
prosecution also proved the following documents in support of its case: -
Sr. No. Exhibit Nature of document
1.Ex.PA Statement of Balla Singh
2.Ex.PA/1 Police proceedings
3.Ex.PA/2 Ruqa dated 17.10.1998
4.Ex.PA/2 Police proceedings
5. Ex.PA/3 Carbon copy of FIR.
6. Ex.PA MLR of the injured
7. Ex.PA/1 Skiagram showing the injuries
8. Ex.PA/3 Opinion of the Doctor
9. Ex.PA/4 Rough site plan of place of occurrence.
10. Ex.PA/4 Opinion of the Doctor
11. Ex.PA/5 Arrest memo
12. Ex.PA/5/1 Opinion of the Doctor
13. Ex.PA/5 Opinion of the doctor
14. Ex.PA/6 Opinion of the Doctor
15. Ex.PA/6 Personal search memo
16. Ex.PA/7 Opinion of the Doctor
17. Ex.PA/7 Recovery memo of Ghop
18. Ex.PA/8 Recovery memo of Dang
19. Ex.PA/9 Personal search memo
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20. Ex.PA/10 Receipt issued by gun house
9. On conclusion of the prosecution evidence, statements of the
petitioners under Section 313 of the 1973 Code were recorded. In such
statements, they pleaded false implication and stated that it was PW2 Balla
Singh and PW3 Labh Singh who caused injuries to the petitioner Gurdeep
Singh on the date and time in question.
10. After recording such statements, the petitioners and another
examined following two witnesses in their defence: -
Sr. No. Name of the witness Nature of evidence
1. DW1 Dr. Kuldeep Rai Medico Legal Examination witness
2. DW2 Gurvinder Singh Ex-Sarpanch of Village Kulana
11. In addition to examination of the said defence witnesses, the
petitioners also proved the following documents in support of their case: -
Sr. No. Exhibit Nature of document
1.Ex.DW1/A MLR of petitioner Gurdeep Singh
2. Ex.DW1/B Skiagram showing the injuries
12. On conclusion of the evidence, the learned Magistrate heard
the parties on merits of the case. After such hearing, it convicted the
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petitioners under Sections 326, 324, 323 read with Section 34 of 1860 Code
but acquitted the said Gurbax Singh of the charges framed against him. The
petitioners were sentenced in the following terms: -
Gurdeep Singh
Under Section 326 of
1860 Code
Rigorous imprisonment for 2½
years with fine of Rs.1000/-. In
default of payment of fine, to
further undergo RI for one month.
Under Section 324 of
1860 Code
Rigorous imprisonment for 1½
years.
Under Section 323 read
with Section 34 of 1860
Code
Rigorous imprisonment for 03
months.
Bhundi Singh
Under Section 326 read
with Section 34 of 1860
Code
Rigorous imprisonment for 1¼
years with fine of Rs.500/-.
Under Section 324 read
with Section 34 of 1860
Code
Rigorous imprisonment for 09
months.
Under Section 323 of
1860 Code
Rigorous imprisonment for 06
months.
13. Aggrieved of such conviction and sentence, the petitioners
filed an appeal before the Court of Sessions, Mansa. The said appeal was
decided by the learned Additional Sessions Judge (adhoc), Fast Track Court,
Mansa through its judgment dated 10.11.2009. Sentence of the petitioner
No.1 Gurdeep Singh under Section 326 of 1860 Code was reduced from 2½
years to 02 years and that awarded under Section 324 of 1860 Code was
reduced from 1½ years to 06 months. Similarly, sentence of the petitioner
No.2 Bhundi Singh under Section 326/34 of 1860 Code was reduced from
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1¼ years to 01 year and that awarded under Section 324/34 of the said Code
was reduced from 06 months to 03 months. With the said modification in
sentence, it dismissed the appeal.
14. Aggrieved of the said dismissal, the petitioners filed the present
revision petition. It was admitted on 18.12.2009 and sentence of the
petitioners was ordered to be suspended on 23.12.2009. They are now stated
to be on bail.
15. I have heard Mr. Daldeep Singh, Advocate, learned counsel for
the petitioners and Ms. Gurpreet Kaur Sarabha, learned AAG, Punjab, on
merits of the petition in question.
16. Learned counsel for the petitioners has argued that the case in
question is a case of version and cross-version; that the impugned
judgments have not dealt with the issue as to who was the aggressor in the
occurrence in question; that the same have also not dealt with the issue as to
whether any of the parties exceeded their right of private defence; that PW2
Balla Singh and PW3 Labh Singh were also tried in cross-case registered on
the statement of the petitioner Gurdeep Singh and were convicted and
sentenced on 19.09.2007 by the same Court; that in view thereof, present
revision petition deserves to be accepted; that irrespective of the said
arguments, there is no evidence on record to substantiate the evidence given
by PW1 Dr. Kuldeep Rai about grievous nature of injury on the person of
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PW2 Balla Singh; that in the absence of such evidence, opinion given by
him in that regard is inconsequential; that once the said opinion is excluded
from consideration, at the maximum, an offence under Sections 324, 323,
34 of 1860 Code, even if the prosecution case would have been believed to
be true, was made out against the petitioners; and that in view thereof, the
petitioners may be granted probation. He has accordingly firstly prayed for
acceptance of the revision petition in entirety and in the alternative, for part
acceptance of the same by setting aside the conviction and sentence of the
petitioners under Section 326 of 1860 Code and then for grant of probation
to the petitioners. In support of his arguments, he has taken me to the
evidence on record some portion of which has been appended to the petition
in question through an application.
17. On the other hand, learned AAG, Punjab has argued that the
impugned judgments of conviction and order of sentence are as per law and
evidence on record; that the revisional jurisdiction is always a limited
jurisdiction and evidence cannot be re-appreciated while exercising the
same; and that if the conclusion arrived at by the Courts below is taken in
true sense thereof, there is no ground available for exercise of revisional
jurisdiction under Section 401 of 1973 Code against the impugned
judgments and order. She has accordingly prayed for dismissal of the
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revision petition.
18. After such hearing and perusal, I may state that revisional
powers of this Court can be exercised in terms of Section 401 of 1973 Code.
Since the petitioners have filed a revision petition against the impugned
judgments and order, it has to be dealt within the parameters prescribed in
the said Section. Said section is therefore reproduced as under:-
“401. High Court's powers of revision.—
(1) In the case of any proceeding the record of which has been
called for by itself or which otherwise comes to its knowledge,
the High Court may, in its discretion, exercise any of the
powers conferred on a Court of Appeal by sections 386, 389,
390 and 391 or on a Court of Session by section 307, and,
when the Judges composing the Court of Revision are equally
divided in opinion, the case shall be disposed of in the manner
provided by section 392.
(2) No order under this section shall be made to the prejudice
of the accused or other person unless he has had an
opportunity of being heard either personally or by pleader in
his own defence.
(3) Nothing in this section shall be deemed to authorise a High
Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is
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brought, no proceeding by way of revision shall be entertained
at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application
for revision has been made to the High Court by any person
and the High Court is satisfied that such application was made
under the erroneous belief that no appeal lies thereto and that
it is necessary in the interests of Justice so to do, the High
Court may treat the application for revision as a petition of
appeal and deal with the same accordingly.”
19. I may also state that in respect of scope of revisional powers of
a High Court, a three Judge Bench of Hon’ble the Supreme Court, in the
report Pakalapati Narayana Gajapathi Raju & others Vs. Bonapalli Peda
Appadu & another, (1975) 4 SCC 477, observed as under:-
“3. Section 439 (1) of the Code of Criminal Procedure
provides that in exercise of revisional jurisdiction, the High
Court may exercise any of the powers conferred on a court of
appeal. This provision is made expressly subject to sub-section
(4) of Section 439 under which nothing contained in the
section shall be deemed to authorise a High Court to convert a
finding of acquittal into one of conviction. Section 439 has
been interpreted in several decisions of this Court which have
taken the view that the revisional jurisdiction, when invoked by
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a private complainant against an order of acquittal, ought not
to be exercised lightly and that it can be exercised only in
exceptional cases where the interests of public justice require
interference for the correction of a manifest illegality or the
prevention of a gross miscarriage of justice.(See Satyendra
Nath Dutta v. Ram Narain, (1975) 3 SCC 398; Akalu Ahir v.
Ramdeo Ram, (1974) 1 SCR 130; Changanti Kotaiah v.
Goginoni Venkateshwara Rao, (1973) 3 SCR 867. It is clear
from these decisions that the revisional jurisdiction cannot be
invoked merely because the lower court has not appreciated
the evidence properly. The High Court has in its judgment
referred to the decisions of this Court but in applying those
decisions it has transgressed the limits of its revisional
powers.”
20. In respect of scope of revisional powers of a High Court, a
three Judge Bench of Hon’ble the Supreme Court, in the report Duli Chand
Vs. Delhi Administration, (1975) 4 SCC 649, observed as under:-
“4. …... Now, the jurisdiction of the High Court in a Criminal
Revision Application is severally restricted and it cannot
embark upon reappreciation of the evidence, but even so, the
learned single Judge of the High Court who heard the revision
application, examined the evidence afresh at the instance of
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the appellant. This was, however, of no avail, as the learned
single Judge found that the conclusion reached by the lower
Courts that the appellant was guilty of gross negligence, was
correct and there was no reason to interfere with the
conviction of the appellant. …..
5. …..The High Court in revision was exercising supervisory
jurisdiction of a restricted nature and, therefore, it would have
been justified in refusing to re-appreciate the evidence for the
purpose of determining whether the concurrent finding of fact
reached by the learned Magistrate and the learned Additional
Sessions Judge was correct. But even so, the High Court
reviewed the evidence presumably for the purpose of satisfying
itself that there was evidence in support of the finding of fact
reached by the two subordinate courts and that the finding of
fact was not unreasonable or perverse. The High Court came
to the conclusion that the evidence clearly established that the
death of the deceased was caused on account of the negligent
driving of the bus by the appellant. …..”.
21. In respect of such powers, a two Judge Bench of Hon’ble the
Supreme Court, in the report Janata Dal Vs. H.S. Chowdhary, (1992) 4
SCC 305, observed as under:-
“130. The object of the revisional jurisdiction under Section
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401 is to confer power upon superior criminal Courts - a kind
of paternal or supervisory jurisdiction - in order to correct
miscarriage of justice arising from misconception of law,
irregularity of procedure, neglect of proper precaution or
apparent harshness of treatment which has resulted on the one
hand, or on the other hand in some undeserved hardship to
individuals. The controlling power of the High Court is
discretionary and it must be exercised in the interest of justice
with regard to all facts and circumstances of each particular
case, anxious attention being given to the said facts and
circumstances which vary greatly from case to case.
131. xxxx xxxx xxxx
132. The criminal Courts are clothed with inherent power to
make such orders as may be necessary for the ends of justice.
Such power though unrestricted and undefined should not be
capriciously or arbitrarily exercised, but should be exercised
in appropriate cases, ex debito justitiae to do real and
substantial justice for the administration of which alone the
Courts exist. The powers possessed by the High Court under
Section 482 of the Code are very wide and the very plenitude of
the power requires great caution in its exercise. Courts must be
careful to see that its decision in exercise of this power is based
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on sound principles.”
22. While quoting observations made in Janata Dal’s report
(supra) with approval, a three Judge Bench of Hon’ble the Supreme Court,
in the report T.N. Dhakkal Vs. James Basnett & another, (2001) 10 SCC
419, observed as under:-
“9. We are in agreement with the above exposition of law. We
are of the opinion that though the High Court has revisional
jurisdiction under Section 401 of the Code and can exercise its
discretionary jurisdiction to correct miscarriage of justice, but
whether or not, there is justification for the exercise of that
discretionary jurisdiction would depend upon the facts and
circumstances of each case. The controlling power of the High
Court under Section 401 of the Code being discretionary is
required to be exercised only in the interest of justice, having
regard to all the facts and circumstances of each particular
case and not mechanically.”
23. In respect of revisional jurisdiction of a High Court, a two
Judge Bench of Hon’ble the Supreme Court, in the report State of Kerala
Vs. Puttumana Illath Jathavedan Namboodiri, (1999) 2 SCC 452,
observed as under:-
“Having examined the impugned Judgment of the High Court
and bearing in mind the contentions raised by the learned
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counsel for the parties, we have no hesitation to come to the
conclusion that in the case in hand, the High Court has
exceeded its revisional jurisdiction. In Its revisional
jurisdiction, the High Court can call for and examine the
record of any proceedings for the purpose of satisfying itself as
to the correctness, legality or propriety of any finding,
sentence or order. In other words, the jurisdiction is one of
Supervisory Jurisdiction exercised by the High Court for
correcting miscarriage of justice. But the said revisional power
cannot be equated with the power of an Appellate Court nor
can it be treated even as a second Appellate Jurisdiction.
Ordinarily, therefore, it would not be appropriate for the High
Court to re-appreciate the evidence and come to its own
conclusion on the same when the evidence has already been
appreciated by the Magistrate as well as the Sessions Judge in
appeal, unless any glaring feature is brought to the notice of
the High Court which would otherwise tentamount to gross
miscarriage of justice.”
24. Observations made in Duli Chand’s report (supra) and those
made in a report State of Orissa Vs. Nakula Sahu, (1979) 1 SCC 328 as
well as Puttumana Illath’s report (supra) were approved by a three Judge
Bench of Hon’ble the Supreme Court in the report Raj Kumar Vs. State of
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Himachal Pradesh, (2008) 11 SCC 76.
25. I may also state that in the present case, PW2 Balla Singh and
PW3 Labh Singh have put forth a case in which the petitioners allegedly
caused injuries to them on 17.10.1998 around 10.00 pm. They in fact say
that when they were returning from their village to their houses, the
petitioners were sitting in their field and when they were about to pass
through the petitioners, the petitioners inflicted injuries to them in the
abovestated manner. As against their such stand, the petitioners say that on
the abovestated date and time, when they were guarding the blockade put
forth by them and the police to stop rainy water from entering their fields
from the fields of PW2 Balla Singh and PW3 Labh Singh, the said two
prosecution witnesses caused injuries to them in the manner set forth in the
cross-case put forth by them. Deposition of PW4 ASI Sukhdev Singh has
proved rough site plan Ex.PA/4 prepared by him on 09.12.1998. PW2 Balla
Singh and PW3 Labh Singh have set forth the place of occurrence in
question as Point ‘C’ mentioned in the said site plan. The said point in fact
exists on a metalled road between Village Kulana and Budhlada. As per the
said site plan, the petitioners were stated by PW2 Balla Singh to be present
at Points ‘A’ & ‘B’ shown in the same and they caused injuries to the said
PW at Point ‘C’. PW2 Balla Singh and PW3 Labh Singh do not say that the
petitioners trespassed into their side of the road to cause injuries to PW2
Balla Singh. As against the said stand of the said prosecution witnesses, the
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petitioners say that they were guarding a blockade put forth by them and the
police to stop rainy water from entering their fields towards western side of
the road and at that time, on the abovestated date, PW2 Balla Singh and
PW3 Labh Singh came to the place of such guard and inflicted injuries to
the petitioner Gurdeep Singh. In an occurrence involving version and cross-
version, it has to be seen as to who was the aggressor. If one party is
established as aggressor, it has also to be seen as to whether the opposite
party involved in the occurrence exceeded its right of private defence. So
far as right of private defence is concerned, in terms of Section 96 of 1860
Code, anything done in the exercise of such right is not an offence. Section
97 of the said Code talks of private defence of the body and of property,
whereas Section 99 thereof prescribes the situations wherein no right of
private defence is available. Section 101 of the said Code prescribes the
circumstances under which the right of private defence extends to causing
any harm other than death to a person whereas Section 102 of 1860 Code
talks of commencement and continuance of the right of private defence of
the body. Section 104 of the said Code defines the situations when a right of
private defence of property extends to causing any harm other than death to
a person. Section 105 of the said Code talks of commencement and
continuance of the right of private defence of property. The said Sections,
since the same are material for deciding the petition in question, are
reproduced as under: -
CRR-3288-2009 -24-
“96. Things done in private defence.— Nothing is an offence
which is done in the exercise of the right of private defence.
97. Right of private defence of the body and of property.—
Every person has a right, subject to the restrictions contained
in section 99, to defend—
First — His own body, and the body of any other person,
against any offence affecting the human body;
Secondly. — The property, whether movable or immovable, of
himself or of any other person, against any act which is an
offence falling under the definition of theft, robbery, mischief or
criminal trespass, or which is an attempt to commit theft,
robbery, mischief or criminal trespass.
99. Acts against which there is no right of private defence. -
There is no right of private defence against an act which does
not reasonably cause the apprehension of death or of grievous
hurt, if done, or attempted to be done, by a public servant
acting in good faith under colour of his office, though that act,
may not be strictly justifiable by law. There is no right of
private defence against an act which does not reasonably cause
the apprehension of death or of grievous hurt, if done, or
attempted to be done, by the direction of a public servant
acting in good faith under colour of his office, though that
CRR-3288-2009 -25-
direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is
time to have recourse to the protection of the public authorities.
Extent to which the right may be exercised.— The right of
private defence in no case extends to the inflicting of more
harm than it is necessary to inflict for the purpose of defence.
Explanation 1.— A person is not deprived of the right of
private defence against an act done, or attempted to be done,
by a public servant, as such, unless he knows or has reason to
believe, that the person doing the act is such public servant.
Explanation 2.— A person is not deprived of the right of
private defence against an act done, or attempted to be done,
by the direction of a public servant, unless he knows, or has
reason to believe, that the person doing the act is acting by
such direction, or unless such person states the authority under
which he acts, or if he has authority in writing, unless he
produces such authority, if demanded.
101. When such right extends to causing any harm other than
death.— If the offence be not of any of the descriptions
enumerated in the last preceding section, the right of private
defence of the body does not extend to the voluntary causing of
death to the assailant, but does extend, under the restrictions
CRR-3288-2009 -26-
mentioned in section 99, to the voluntary causing to the
assailant of any harm other than death.
102. Commencement and continuance of the right of private
defence of the body.— The right of private defence of the body
commences as soon as a reasonable apprehension of danger to
the body arises from an attempt or threat to commit the offence
though the offence may not have been committed; and it
continues as long as such apprehension of danger to the body
continues.
104. When such right extends to causing any harm other than
death.— If the offence, the committing of which, or the
attempting to commit which, occasions the exercise of the right
of private defence, be theft, mischief, or criminal trespass, not
of any of the descriptions enumerated in the last preceding
section, that right does not extend to the voluntary causing of
death, but does extend, subject to the restrictions mentioned in
section 99, to the voluntary causing to the wrong-doer of any
harm other than death.
105. Commencement and continuance of the right of private
defence of property.— The right of private defence of property
commences when a reasonable apprehension of danger to the
property commences.
CRR-3288-2009 -27-
The right of private defence of property against theft continues
till the offender has effected his retreat with the property or
either the assistance of the public authorities is obtained, or
the property has been recovered.
The right of private defence of property against robbery
continues as long as the offender causes or attempts to cause to
any person death or hurt or wrongful restraint or as long as the
fear of instant death or of instant hurt or of instant personal
restraint continues.
The right of private defence of property against criminal
trespass or mischief continues as long as the offender continues
in the commission of criminal trespass or mischief.
The right of private defence of property against house-breaking
by night continues as long as the house-trespass which has
been begun by such house-breaking continues.”
26. A perusal of the said provisions shows that every person has a
right subject to the restrictions contained in Section 99 of the said Code to
defend his moveable or immoveable property or that of any other person
against any act which is an offence falling under the definition of theft,
robbery, mischief or criminal trespass or which is an attempt to commit the
said offence. A right of private defence was dealt with by the Hon’ble
Supreme Court in the report Darshan Singh Vs. State of Punjab and
CRR-3288-2009 -28-
another, (2010) 2 Supreme Court Cases 333. While referring to its earlier
decisions on the availability of such right, it delineated the following
principles about such right: -
“(i) Self-preservation is the basic human instinct and is duly
recognized by the criminal jurisprudence of all civilized
countries. All free, democratic and civilized countries
recognize the right of private defence within certain reasonable
limits.
(ii) The right of private defence is available only to one who
is suddenly confronted with the necessity of averting an
impending danger and not of self-creation.
(iii) A mere reasonable apprehension is enough to put the right
of self defence into operation. In other words, it is not
necessary that there should be an actual commission of the
offence in order to give rise to the right of private defence. It is
enough if the accused apprehended that such an offence is
contemplated and it is likely to be committed if the right of
private defence is not exercised.
(iv) The right of private defence commences as soon as a
reasonable apprehension arises and it is coterminus with the
duration of such apprehension.
(v) It is unrealistic to expect a person under assault to
CRR-3288-2009 -29-
modulate his defence step by step with any arithmetical
exactitude.
(vi) In private defence the force used by the accused ought not
to be wholly disproportionate or much greater than necessary
for protection of the person or property.
(vii) It is well settled that even if the accused does not plead
self-defence, it is open to consider such a plea if the same
arises from the material on record.
(viii) The accused need not prove the existence of the right of
private defence beyond reasonable doubt.
(ix) The Penal Code confers the right of private defence only
when that unlawful or wrongful act is an offence.
(x) A person who is in imminent and reasonable danger of
losing his life or limb may in exercise of self-defence inflict any
harm even extending to death on his assailant either when the
assault is attempted or directly threatened.”
27. Applying the said provisions and principles to the present case,
I may state that true it is that PW2 Balla Singh and PW3 Labh Singh say
that they were attacked by the petitioners when they were crossing the
petitioners on the road. At the same time, a perusal of the site plan Ex.PA/4
shows that the occurrence in question, in fact, took place on left side of the
road when one proceeds from Village Kulana towards Budhlada on the said
CRR-3288-2009 -30-
road whereas houses of PW2 Balla Singh and PW3 Labh Singh were
situated on right side of the road. In terms of statement Ex.PA of PW2 Balla
Singh itself, family of the petitioners had complained against the family of
the said two prosecution witnesses against releasing rainy water in their
fields because of which on 17.10.1998 itself at about 09.00 pm, police had
come to the spot and had blocked the release of the said water in the fields
of the petitioners. May be that the said two prosecution witnesses have
deposed that when they were returning to their houses from their village, the
petitioners caused injuries to them in the abovestated manner. At the same
time, when the release of water to the fields of the petitioners had already
been got stopped by the police on the abovestated date at about 09.00 pm,
what was the reason for the petitioners to cause injuries to the said two
prosecution witnesses at 10.00 pm when they were returning to their houses,
has not at all been brought on record. In fact no reason for the occurrence in
question having been taken place at 10.00 pm on the abovestated date has
been rendered by the said two prosecution witnesses. As against their stand,
deposition of DW2 Gurvinder Singh, Ex-Sarpanch of Village Kulana,
establishes that on the abovestated date, the petitioners were guarding their
fields and specifically release of rainy water from the fields of the said
prosecution witnesses to their fields and in that process, when the said two
prosecution witnesses tried to open the blockade got installed by the police
at 09.00 pm but were tried to be stopped by the petitioners, the said two
CRR-3288-2009 -31-
prosecution witnesses caused injuries to the petitioners, appears to be nearer
to the contents of the said site plan. In fact, if the said site plan is seen
minutely, it shows that fields of the petitioners start from Point ‘A’ & ‘B’
wherein the petitioners were stated to be present at the time of occurrence in
question. In view thereof, there does not appear to be any occasion for the
petitioners to come to Point ‘C’ on the road to cause injuries to PW2 Balla
Singh without a cause and without the said prosecution witness saying
anything to them. Rather, it appears that the story put forth by the defence
that the said two prosecution witnesses attempted to open the said blockade
and when were tried to be stopped, they caused injuries to the petitioners,
appears to be genesis of the occurrence. Not doubt, the petitioners have not
come forward with a plea that in the said occurrence, they also caused
injuries to PW2 Balla Singh. At the same time, it was for PW2 Balla Singh
to narrate version and cross-version of the same occurrence before the
police and Court. However, he did not come forward with the same.
Keeping in view the contents of the said site plan and evidence on record, it
appears that PW2 Balla Singh and PW3 Labh Singh were the aggressors to
the fields of the petitioners and when they tried to open the blockade put
forth by the petitioners and the police for stopping rainy water from
entering their fields but were tried to be stopped, the occurrence in question
took place in which both the parties received injuries. In fact, on 19.09.2007
itself, PW2 Balla Singh and PW3 Labh Singh were convicted for causing
CRR-3288-2009 -32-
injuries to the petitioner Gurdeep Singh on the same date and were
sentenced under Sections 324, 323 read with Section 34 of the 1860 Code.
Nothing has been brought forward to show that the said judgment of
conviction and order of sentence have not attained finality. Although the
said judgment does not determine PW2 Balla Singh and PW3 Labh Singh
as aggressors in the occurrence in question or as the persons who exceeded
their right of private defence of person or property, yet, once they have been
convicted for the said offences in respect of the occurrence taking place on
the same date and time, it comes out that they have in fact been indicted for
causing injuries to the petitioner Gurdeep Singh in the occurrence in
question.
28. At the same time, the impugned judgments do not at all discuss
as to who was the aggressor in the present case and if PW2 Balla Singh and
PW3 Labh Singh were the aggressors which fact can be concluded from the
site plan Ex.PA/4, as to whether the petitioners exceeded their right of
private defence of person or property. Without determining the petitioners
and the said two prosecution witnesses either as aggressors or having
exceeded their right of private defence, the petitioners could not have been
convicted in the present case. The impugned judgments of conviction, since
the same have not dealt with the said issues, turn out to be materially
perverse and against the settled legal principles.
29. There is one more angle of the matter. No doubt the
CRR-3288-2009 -33-
prosecution has examined PW1 Dr. Kuldeep Rai in support of its contention
that injury No.6 caused to PW2 Balla Singh was grievous in nature. At the
same time, a perusal of his deposition shows that he had rendered the
opinion mentioned in the document Ex.PA/3 on the basis of X-ray report
prepared by Dr. S.P. Bansal and also surgical notes of bed head ticket of
PW2 Balla Singh prepared by him. At the same time, the said X-ray report
and surgical notes were not at all proved in accordance with law. Dr. S.P.
Bansal has also not been examined in support of the said report and notes.
In the absence of his examination and proof of the said documents in
accordance with law, opinion rendered by PW1 Dr. Kuldeep Rai that injury
No.6 on the person of PW2 Balla Singh was grievous in nature cannot be
legally sustained and confirmed. Therefore, even if the petitioners would
have been determined either as aggressors or having exceeded their right of
private defence, for the absence of such proof, I would have set aside
conviction and sentence of the petitioners under Section 326 of the 1860
Code and would have granted benefit of probation to the petitioners in the
present case under Sections 324 and 323 of the 1860 Code.
30. The abovestated reasoning and discussion show that the
impugned judgments of conviction have ignored the settled legal principles.
The same are unreasonable and contain glaring features which have caused
gross miscarriage of justice. Such judgments have neglected to exercise
proper precaution and have caused undeserved hardship to the petitioners.
CRR-3288-2009 -34-
Revisional powers should be exercised to do real and substantial justice.
The above-stated facts and observations make the present case a fit case for
exercise of revisional jurisdiction against the impugned judgments and
order.
31. For what has been stated above, I am of the considered opinion
that the impugned judgments and order cannot legally be sustained. The
same, with all consequential proceedings, are accordingly set aside. In turn,
the petitioners are acquitted of the charges framed against them in the case
in question by extending benefit of doubt to them. Their bail and surety
bonds stand discharged.
32. Present revision petition is allowed in the abovestated terms.
Interim application/s, if any, stand/s disposed off.
[ RAMESH CHANDER DIMRI ]
31.07.2026 JUDGE
vishnu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
The Punjab and Haryana High Court recently delivered a significant judgment in **Criminal Revision Petition** CRR-3288-2009, overturning convictions related to an assault case involving competing versions of events. This ruling, now prominently featured on CaseOn, provides crucial insights into the application of the **Right of Private Defence** and the stringent requirements for proving grievous hurt. It underscores the judiciary's role in correcting material perversity and ensuring justice in complex criminal matters.
The case stemmed from an FIR (No. 81 dated 26.10.1998) registered under Sections 324, 323, 34, and later 326 of the Indian Penal Code (IPC), following an altercation between two parties over rainwater drainage into agricultural fields. The petitioners, Gurdeep Singh and Bhundi Singh, were accused of causing injuries to Balla Singh and Labh Singh.
The prosecution's narrative, based on Balla Singh's statement, alleged that the petitioners attacked them with a 'Ghop' (a sharp weapon) and 'Dang' (blunt weapon) as they were returning home. However, the petitioners presented a cross-version, claiming that the complainants were the aggressors, attempting to dismantle a blockade preventing water from flooding their fields, and that the petitioners sustained injuries in the process. A cross-case was also registered, leading to the conviction of Balla Singh and Labh Singh.
Both the Judicial Magistrate 1st Class and the Additional Sessions Judge (Adhoc) convicted the petitioners under Sections 326, 324, and 323 read with Section 34 IPC, though the appellate court reduced the sentences.
The core issue before the High Court was whether the lower courts had correctly assessed the evidence, particularly in the context of a 'version and cross-version' scenario. Crucially, the lower courts failed to determine:
The High Court's decision was guided by several key legal principles:
The Court reiterated its revisional powers under Section 401 CrPC, emphasizing that this jurisdiction is supervisory, not appellate, and is exercised to correct 'miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precaution or apparent harshness of treatment.' It allows intervention in exceptional cases where 'public justice requires interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice.' The Court referenced Supreme Court judgments in *Pakalapati Narayana Gajapathi Raju & others Vs. Bonapalli Peda Appadu & another* (1975), *Duli Chand Vs. Delhi Administration* (1975), *Janata Dal Vs. H.S. Chowdhary* (1992), and *T.N. Dhakkal Vs. James Basnett & another* (2001) to define the limits and scope of revisional jurisdiction, particularly that it cannot re-appreciate evidence unless findings are unreasonable or perverse.
The judgment meticulously outlined the provisions related to private defence:
The Court also cited *Darshan Singh Vs. State of Punjab and another* (2010), which laid down foundational principles for private defence, including the necessity of averting impending danger, reasonable apprehension, and proportionality of force.
For a charge under Section 326 IPC (voluntarily causing grievous hurt) to stand, the grievous nature of the injury must be legally proven. This typically requires not just the medical opinion but also the examination of the doctor who prepared crucial reports (like X-ray reports) or surgical notes, and the proper proving of these documents in court.
Legal professionals often face challenges in distilling such extensive legal principles and factual nuances. For instance, analyzing the interplay between revisional jurisdiction and the right of private defence, as seen in this case, can be time-consuming. CaseOn.in's 2-minute audio briefs provide a critical advantage here, offering concise, expertly curated summaries of complex rulings like CRR-3288-2009, enabling legal professionals to quickly grasp the core legal arguments and their implications for specific rulings without sifting through pages of text.
The High Court found several material perversities in the judgments of the lower courts:
The lower courts did not adequately address the 'version and cross-version' aspect. By failing to determine who initiated the aggression, they overlooked a fundamental aspect of the case. The site plan (Ex.PA/4) suggested that the petitioners were guarding their fields, implying the complainants might have been the aggressors attempting to breach the police-installed blockade. The fact that the complainants were also convicted in a cross-case for causing injuries to Gurdeep Singh further complicated the narrative, indicating they were also involved in the altercation, yet the lower courts did not reconcile this.
Flowing from the failure to identify the aggressor, the lower courts also did not consider whether the petitioners acted within their right of private defence, or if the complainants exceeded their own. This omission rendered the convictions legally unsustainable, as the right of private defence is a complete defence if applicable.
The prosecution's evidence for grievous hurt (Injury No. 6 on Balla Singh) relied on PW1 Dr. Kuldeep Rai's opinion, which was based on an X-ray report by Dr. S.P. Bansal and surgical notes. However, Dr. S.P. Bansal was not examined, and the X-ray report and surgical notes were not proven in accordance with the law. Without proper legal proof of these documents, Dr. Kuldeep Rai's opinion on the grievous nature of the injury could not be sustained. This vitiated the conviction under Section 326 IPC.
The High Court concluded that the impugned judgments ignored settled legal principles, were unreasonable, contained glaring features causing a gross miscarriage of justice, and resulted in undeserved hardship for the petitioners.
Based on these findings, the High Court held that the impugned judgments and orders could not be legally sustained. It set aside the convictions and consequential proceedings, acquitting the petitioners, Gurdeep Singh and Bhundi Singh, by extending them the benefit of doubt. Their bail and surety bonds were discharged, and the revision petition was allowed.
This judgment serves as a critical precedent and learning tool for several reasons:
By dissecting the procedural and substantive flaws in the lower court judgments, the High Court reaffirmed its role as a custodian of justice, ensuring that convictions are based on sound legal principles and duly proven evidence.
Disclaimer: All information provided in this article is for informational purposes only and does not constitute legal advice. Readers are encouraged to consult with a qualified legal professional for advice pertaining to their specific circumstances.
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