DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this revision, accused-petitioners have laid challenge to judgment dated 23.02.2017 of 1st Appellate Court, passed in appeal filed by respondent No. 2-complainant-Bachittar Singh, whereby case was remanded to the trial Court for fresh decision, setting aside judgment dated 03.03.2014 of trial Court, recording acquittal of the petitioners.

(2.) Briefly, petitioners No. 1 and 2, namely; Darshan Singh and Dalip Singh, are real brothers of complainant-respondent No. 2-Bachittar Singh, whereas petitioner No. 3-Sukhjinder Singh is his nephew petitioner No. 4-Manjit Kaur, is his sister-in-law (Bhabhi) and petitioner No. 5-Ajit Singh, is a co-villager. Respondent No. 2 lodged FIR No. 37 dated 10.06.2004, under Sections 326, 323, 324, 506, 447, 148 and 149IPC, Police Station Hambrran (now Sidhwan Bet), on the allegations that on 06.06.2004, while he was ploughing his fields with his son, the petitioners armed with deadly weapons attacked and caused injuries to him and his brother Harnek Singh, with the respective weapons. On raising hue and cry, the petitioners fled away from the sport.

(3.) After filing of final report under Section 173(2) Cr.P.C. by the police, petitioners were charge-sheeted under Sections 326, 324, 323, 447, 148 and 149 IPC, vide order dated 20.03.2006 to face trial. When the prosecution did not conclude its evidence, despite availing numerous opportunities i.e. around 79 in number, the trial Court having no other option, acquitted the petitioners as no evidence had come on record against them vide judgment dated 03.03.2014.