SONI SINGH Vs. STATE

JUDGEMENT

(1.) On 24.9.2004, on receipt of copy of DD No.62B, Head Constable Bhagirath of Police Station Sultanpuri reached House No.D -2/21, Sector -20, Sultanpuri, where ASI Karambir of Excise Department was found present. He was informed that the injured, S.I. Virender of Excise Department, had already been taken to Bhagwati Hospital by Constable Gajender Kumar and the culprits Lakhpat, his wife and sons had already fled from the spot. Thereupon the Head Constable reached Bhagwati Hospital, where Virender Singh was found admitted and recorded his statement. S.I. Virender Singh told him that on the aforesaid date at about 7:00 p.m., he along with ASI Karambir, Head Constable Ravinder Singh and Constable Gajender Kumar reached House No.D -2/21, Sector -20 of Sultanpuri, on receipt of information with respect to sale of illicit liquor. Lakhpat, who being a bootlegger was already known to him, was found selling liquor in a bag outside his house. When he apprehended him Lakhpath raised alarm, whereupon his sons Vinod and Soni came out and all the three started quarrelling and grappling with him. They also threw stones on the Excise team. When Vinod S/o Lakhpat tried to run away snatching the bag containing illicit liquor, he chased Vinod and apprehended him in the street. In the meanwhile Dhan Bai, wife of Lakhpat, who also was previously known to him came out in the street and grappled with him, as a result of which he fell down and sustained injuries on his left elbow. An FIR under Sections 186/353/323 of IPC read with Section 34 thereof was registered on the statement made by S.I. Virender Singh and after completing investigation, the appellants Lakhpat, Vinod, Soni Singh and Dhan Bai were chargesheeted. All of them were charged by the learned trial Judge under Sections 186/353/333 of IPC read with Section 34 thereof. They having pleaded not guilty to the charges as many as fifteen (15) witnesses were examined by the prosecution. One witness was examined in defence.

(2.) THE injured Virender Singh came in the witness box as PW5 and inter alia stated that on 24.9.2004, he along with Head Constable Ravinder and Constable Gajender reached House No.D -2/21, Sector -20, Sultanpuri on receiving information about illicit liquor. The accused Lakhpat was found selling liquor outside his house. The liquor had been kept in a bag. He apprehended Lakhpat, whereupon he raised his voice and his sons Vinod and Soni came out. All of them started quarrelling and pushing them. Vinod snatched the bag containing liquor from his hand and started running away. He chased Vinod and apprehended him in the street. In the meanwhile Dhan Bai wife of Lakhpat came there, pushed him and in the scuffle he fell down and received injuries on his left elbow.

(3.) PW 12 Dr. Ashwani Sahi examined S.I. Virender Singh in Bhagwati Hospital on 24.9.2004 and found that he had fracture over olecranon left (left elbow fracture) and fracture radial head left. The MLC prepared by him is Ex.PW12/A.