KIRPAL SINGH Vs. RAM SINGH AND OTHERS

JUDGEMENT

(1.) THIS revision is by a private person named Kirpal Singh against the acquittal of three convicted persons recorded by Shri Hardev Singh, Additional Sessions Judge Rupnagar, in appeal. They had been convicted by the Judicial Magistrate First Class, Anandpur Sahib, by his judgment dated December 11, 1975, in relation to the offences under sections 326/34 of Indian Penal Code. The Judgment of acquittal by the Additional Sessions Judge was passed on December 3, 1976. It has been urged in this revision that some minor irregularities committed by the trial court in recording the evidence had been improperly made a ground of acquittal and for that reason the judgment in appeal is required to be set aside.

(2.) RAM Singh and his two sons Surjit and Swaran Singh were tried for having voluntarily caused some hurts to Kirpal Singh and Rajinder Singh on February 21, 1973, at about 8.30 a.m. at Kiratpur Sahib Kirpal Singh at first got recorded a report in the roznamcha maintained at the Police Station, Anandpur Sahib, at 9.30 a.m. on the date of occurrence. Subsequently in view of the medico -legal reports case was registered against the three accused persons who are the respondents in this revision at 6.10 p.m. on February 21, 1973, at the Police Station, Anandpur Sahib, which is at a distance of 8 km from the place of occurrence.

(3.) THE charge -sheet framed against the respondent shows that Swaran Singh was charged with the substantive offence under section 326 of the Indian Penal Code for having caused grievous hurt to Kirpal Singh and the other two respondents were charged for that offence with the help of section 34 of the Indian Penal Code. Surjit Singh was charged under section 323 of the Indian Penal Code for having caused hurt to Kirpal Singh and the other two respondents were charged under section 323/34 of the Indian Penal Code. There was a separate charge against Ram Singh and Surjit Singh under section 323 of the Indian Penal Code for having caused hurt to Rajinder Singh and in relation to that part of the occurrence Swaran Singh was charged under section 323/34 of the Indian Penal Code.