JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) Present revision petition under Section 401 Cr.PC is directed against the judgment dated 1.9.2009 passed bylearned JMIC, Nawanshahr, whereby accused-respondent no.2-Surjit Singh was acquitted of the charges under Sections 452/323/506 IPC. Briefly noticed FIR No.172 dated 26.5.2004 under Sections 452/323/506 IPC was registered on the statement of Parsini that a case under Section 307 IPC was pending between complainant side and accused-respondent, regarding which an appeal had been filed in the High Court. On 26.5.2004 at about 9 am accused-respondent Surjit Singh allegedly entered into the house of complainant-Parsini and started using filthy language by staying that he had come to teach a lesson to Jaswant Singh son of complainant-Parsini, for going to High Court.

(2.) It was stated by Parsini that respondent Surjit Singh pushed the complainant, who fell on the ground and suffered injuries on both elbow joints. While lying on the floor, she was allegedly kicked by Surjit Singh as a result of which she received injuries on ankles. She was also allegedly dragged by the accused and he also allegedly abused Ekwinder Kaur daughter-in-law of the complainant-Parsini. PW Amar Singh had allegedly witnessed the occurrence. After completing formalities, challan was presented. Charges were framed. Both sides led evidence. After hearing both sides and perusing the material available on record, learned trial Court acquitted the accused.

(3.) While acquitting the accused, it was found by the learned trial Court that the sequence of occurrence narrated by the complainant as well as eye witnesses did not correspond with the medical evidence as the accused besides dragging the complainant had also given her datar blows. According to PW Swaran Singh injuries were caused on the person of complainant with the help of Datar fromw hich blood wasooozing out but neither the blood stained earth, blood stained clothes or torn clothes were taken into possession by the police and the doctor who medico legally examined complainant Parsini did not find any sharp edged injury on the arm of the complainant. While discarding the evidence of Swaran Singh it was also found by the learned trial Court that Amar Singh son of Shiv, also known by the name of Swaran Singh son of Shiv is witness in all the cases pending against the accused.