MUKHTIAR SINGH Vs. MAHENDER SINGH

JUDGEMENT

(1.) Challenge in this petition is to the judgment dated 30.04.2003, passed by Additional Sessions Judge, Bhiwani, accepting the appeal of the respondents-accused (herein referred as 'the accused') and acquitting them of the charges under Sections 148, 452, 323, 325, 506 read with Section 149 IPC Eleven persons were involved for causing injuries to three injured namely Mukhtiar, Sawali and Daya Nand. Consequently, they were prosecuted for the aforesaid offence.

(2.) The occurrence in this case took place on 11.03.1993 at 9:00 a.m. whereas the FIR was recorded on 12.03.1993 at 11:50 a.m. Injuries on the person of Sawali are three in number which are on non-vital parts of the body and are declared simple in nature. Similarly, out of four injuries on the person of Mukhtiar, injury No.1 on his fore-arm was found to be grievous and the remaining were found to be simple and all the injuries on the person of Daya Nand were found to be simple in nature, therefore, in all human probabilities, they could be unconscious and Investigating Officer did not record their statements on 11.03.1993 when they were admitted in the hospital and got false report from the doctor that they were unfit to make statement on account of being under the sedatives. As such, the delay in recording the FIR stands unexplained. Secondly, eleven persons were involved for causing minor injuries to three persons. It is not specifically explained as to which injury was caused by which of the accused. The motive behind the occurrence is stated to be about the election of Sarpanch wherein the complainant party had cast their votes in favour of Fateh Singh to which the accused were not happy with this act on their part. The facts and circumstances further reveal that the complainant party have involved maximum number of persons in the case on account of party faction. The

(3.) First Appellate Court appears to have appreciated the evidence in the right perspective. No grounds to interfere. Dismissed.