RANDHIR SINGH Vs. HARI CHAND

JUDGEMENT

(1.) Appellant-Randhir Singh has preferred this appeal against acquittal of Hari Chand, Sant Ram, Prem Kumar @ Praveen, Naveen, Satpal and Sukhchain, who have been acquitted by the impugned judgment dated 26th February, 2011. The said acquittal arises from Sessions Case No. 53/2009 arising out of FIR No. 73/2003, Police Station J.P. Kalan under Section 307/506/34 of the Indian Penal Code, 1860 (IPC, for short).

(2.) The aforesaid FIR was registered after Randhir Singh and late Kehar Singh had filed a private complaint before the Additional Chief Metropolitan Magistrate on 6th March, 2003, marked Exhibit PW-3/A, relating to the occurrence on 1st February, 2003. In the order dated 24th July, 2003 passed by the Metropolitan Magistrate it was recorded that FIR No. 73/2003 had been registered on the basis of the complaint and investigation was in progress. Before the said date, the complaint had remained pending consideration and in an earlier order dated 9th July, 2003 it was noticed that injuries had been inflicted on the present appellant and his group by members of the respondent group. Reference was made to the MLCs of Kehar Singh and Randhir Singh. It was also recorded that it was a cross case, as FIR No. 9/2003 was already registered against the appellants herein and his group.

(3.) FIR No. 73/2003 (Exhibit PW-l/B) was registered on 19th July, 2003. Subsequently, upon completion of investigation, charge sheet was filed for commission of offences under Sections 147, 148, 149, 307, 323, 324, 326, 341, 506 and 120B IPC. The charge sheet was committed for trial before the Sessions court. One Anil who had died in the occurrence was arrayed as an accused but the proceedings against him never got initiated as he had died on 7th February, 2003, i.e., even before the private complaint dated 6th March, 2003 was filed.