BHAGWANT SINGH Vs. SARDAR MANMOHAN SINGH

JUDGEMENT

(1.) This criminal revision petition has been filed by the complainant (Bhagwant Singh) and is directed against the judgment dated 23.08.1999 delivered by the learned Additional Sessions Judge, Delhi acquitting the accused Manmohan Singh (respondent No.1), Sushil Kumar (respondent No.4), Premdev Jaggi (respondent No.2) and Narender Kaur (respondent No.3) in respect of the offences they were charged for. Manmohan Singh, Sushil Kumar, Premdev Jaggi and Narender Kaur faced trial under Sections 307/34 IPC for allegedly attempting to commit the murder of Damyanti Kaur who is the wife of the complainant (Bhagwant Singh). The said accused also faced trial under Sections 324/34 for allegedly voluntarily causing simple injuries by throwing acid on Bhagwant Singh and Manjit Kaur (daughter of Bhagwant Singh).

(2.) The case for the prosecution was that Bhagwant Singh was a tenant of the accused Premdev Jaggi in a portion of House No.7/12, Tilak Nagar, Delhi. In the tenanted portion, the said Bhagwant Singh resided alongwith his wife (Damyanti) and daughter (Manjit Kaur) as also his son. Apparently, there was discord between Bhagwant Singh and Premdev Jaggi which was based upon a landlord-tenant dispute in respect of the said portion of the house under the tenancy of Bhagwant Singh. It was the case of the prosecution that on 07.07.1986, there was an altercation between Bhagwant Singh and Premdev Jaggi. The matter was apparently settled with the intervention of people from the locality. It was further alleged that on the next day, i.e., on 08.07.1986, at about 10 p.m., the incident in question took place. It was alleged that at that point of time, Bhagwant Singh, his wife (Damyanti) and daughter (Manjit Kaur) were in their room. From that place, the entrance of the house was visible and they saw that a two-wheeler had stopped in front of the house. The two-wheeler was driven by Manmohan Singh and another person was the pillion rider. Both these persons got off the two-wheeler. The other person had a bottle in his hand which Manmohan Singh took while entering the house. Immediately thereafter, Premdev Jaggi and his wife (Narender Kaur) are alleged to have exhorted the said Manmohan Singh and the other person to teach their tenant a lesson. Thereupon, it was alleged that Manmohan Singh violently threw the bottle into the room in which Bhagwant Singh, his wife (Damyanti) and daughter (Manjit Kaur) were present. The bottle burst on impact with the floor and and the acid flew in all directions. Bhagwant Singh, Damyanti and Manjit Kaur all received acid burn injuries. It is alleged that immediately thereafter, the accused persons ran away from the scene. As per the MLCs, Damyanti received 30% acid burns, Bhagwant Singh received 10% acid burns and Manjit Kaur received 8% acid burns. Exhibit PW-4/A is the MLC concerning Bhagwant Singh and it indicates that he received acid burns on the front of his left leg and knee as also on the front of his right leg and foot. Exhibit PW-4/B is the MLC pertaining to Damyanti which indicates that the acid burn injuries were of a grievous nature both on the front and the back and that she remained hospitalised from 08.07.1986 to 04.08.1986. Exhibit PW-4/C is the MLC pertaining to Manjit Kaur and it indicates that she received 2% acid burns on her left arm and 6% acid burns on the front of both of her legs.

(3.) The learned Additional Sessions Judge examined the evidence in detail and came to the conclusion that the prosecution has not been able to prove its case beyond reasonable doubt. The learned Additional Sessions Judge noted that there can be no doubt that on the night of occurrence, Bhagwant Singh, Damyanti Kaur and Manjit Kaur received the injuries as indicated in the MLCs. However, he was concerned with the real question as to how and in what manner the injuries were caused. He noted that the case of the prosecution was that accused (Manmohan Singh) threw acid as a result of exhortation made by the landlord and his wife. He also noted the defence version that Bhagwant Singh lost his cool on seeing Manmohan Singh and that he brought an acid bottle from the toilet and while he was advancing towards Manmohan Singh, his wife tried to prevent him and in the process, the bottle fell on the floor and burst causing injuries to Bhagwant Singh, his wife (Damyanti) and his daughter (Manjit Kaur).