AMRIK SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This petition challenges a judgment and order by which the Additional Chief Metropolitan Magistrate acquitted the accused in a complaint case. The petitioner was the complainant and had alleged commission of offences punishable under Sections 323/506 IPC on 03.10.87.

(2.) As per the petitioner/complainant, a resident of Ramjas Road, Karol Bagh, the accused Bhagwan Singh (who died during the course of the proceedings) was known to him; he was his tenant. The other accused namely, Rajpal Kaur was the wife of the first accused. The material allegations were that on 02.10.87, the complainant went to collect rent and when returning and talking to one Shyam Sunder in the street, the second accused Rajpal Kaur, without any provocation attacked him and snatched his spectacles. It was also alleged that both the accused assaulted and threw away his turban in order to hurt his religious sentiments. The complainant alleged that one Darshan Lal, who happened to be there, rescued him and informed the police. It was also contended that the articles of the petitioner were recovered and he was medically examined.

(3.) The Court, after considering the pre-summoning evidence, issued process and subsequently notice under Section 251; the accused pleaded not guilty and claimed trial. In the course of the trial, the complainant relied on the testimony of three witnesses. The principal witnesses were PW-1 Darshan Lal and the Medical Officer. The prosecution also relied upon the testimony of Surender who was not examined at the pre-summoning stage. Darshan Lal had deposed during the pre-summoning stage but his evidence could not be recorded during the trial since he had expired in the meanwhile. The testimony of Surender was that he had witnessed the incident which according to him occurred at 3:00 p.m. on 02.10.87 a public holiday whilst he was on his way back home. According to his statement he implicated not only the accused but their two children, who at that time were admittedly minors.