PRITAM SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) PETITIONER -Pritam Singh has filed the present revision petition challenging the judgment/order dated 28.7.2009, passed by the learned Judicial Magistrate, 1st Class, Malerkotla, by virtue of which the accused -Respondent No. 2 was acquitted of the charge framed against him.

(2.) THE factual matrix necessary for the disposal of this petition is that on 20.10.2000 Pritam Singh lodged a report with the police, on the basis of which a case under Section 323/324/341/34 of the Indian Penal Code (in short 'IPC') was registered against Surjit Singh and his sons. On the same day, Surjit Singh and his son Bahadur Singh also got admitted in the hospital at Ahmedgarh and on that day Surjit Singh also suffered a statement before the police that Pritam Singh alongwith others gave injuries to him and on his raising hue and cry, all the accused persons fled away from the spot. An inquiry was conducted by SP (D) Sangrur, who came to the conclusion that Surjit Singh -Respondent No. 2 had caused injuries to Pritam Singh -Petitioner and when Surjit Singh had come to know that a case had been registered against them under Section 326 IPC, he lodged a false complaint and as such proceedings under Section 182 IPC were recommended against Surjit Singh -Respondent No. 2.

(3.) THE prosecution in support of its case examined as many as seven witnesses and thereafter closed the evidence. Statement of accused under Section 313 of the Code of Criminal Procedure was recorded wherein he denied all the allegations levelled against him and pleaded false implication. However, no defence evidence was adduced by the accused. The learned trial Court after appreciating the evidence, available on the record, acquitted the accused -Respondent No. 2 from the charges by giving him the benefit of doubt. Not satisfied with the said judgment, the Petitioner has preferred the present revision petition. Alongwith the petition an application under Section 5 of the Limitation Act for condonation of delay in filing the present revision petition has been filed.