DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present Revision has been filed by Darshan Singh son of Bant Singh and Harjinder Singh son of Darshan Singh against the judgment dated 09.12.2019 passed by the learned Sessions Judge, Barnala, vide which the appeal of the private respondent has been allowed against the judgment dated 03.05.2019 and the petitioners have also been convicted for the offence under Section 452 IPC along with offence under Sections 323 and 325 IPC. Challenge is laid to both the judgments dated 09.12.2019 passed by the learned Sessions Judge, Barnala and the judgment dated 03.05.2019 passed by the Judicial Magistrate Ist Class, Barnala. Prayer has been made for setting aside both the judgments and for acquittal of the petitioners.

(2.) The case of the prosecution, in brief, is that on 10.10.2017, a telephonic message was received regarding admission of Niranjan Singh, son of Moti Singh, in injured condition, at Civil Hospital, Tapa. On account of it being late night, no action could be taken on 10.10.2017 and on the next day i.e., 11.10.2017, ASI Balwinder Singh along with other officials, recorded the statement of the complainant-Niranjan Singh after he was declared fit by the Doctor. Niranjan Singh, in his statement, has stated that petitioner No.1 Darshan Singh was his cousin and his agricultural land was on lease with Darshan Singh and Harjinder Singh. It was stated that four months from the date of occurrence, he had taken possession from the accused Darshan Singh due to which he had a grudge against the complainant. It was further stated by the complainant that on 10.10.2017 when he and his son Dalbir Singh were present at their house, then at about 6:00 p.m., Darshan Singh armed with a wooden stick and Rajinder Singh armed with ghope entered their house and attacked the complainant because of which he suffered injuries and his left ankle and left arm were badly injured. The complainant's son Dalbir Singh was also attacked and he also received injuries. The accused persons fled from the spot and on the basis of the statement made by the complainant, FIR No.87 dated 11.10.2017 under Sections 452, 328, 323/34 IPC was registered against the petitioners in Police Station Bhadaur. Charges were framed against the said persons under Sections 452, 323, 325, 506/34 IPC on 16.02.2018. The petitioners pleading not guilty to the same and claimed trial.

(3.) The prosecution had examined six witnesses, namely, PW 1 Niranjan Singh (Complainant), PW-2 Dalbir Singh (eye-witness), PW-3 Dr. Jyoti Yadav, PW-4 HC Sukhwinder Singh, PW-5 ASI Balwinder Singh and PW-6 Rajinder Singh. PW-1 Niranjan Singh, complainant, in his evidence, narrated the story of the prosecution and identified the accused. PW-2 Dalbir Singh, who was an eye-witness also supported the case of the prosecution. PW-3 Dr. Jyoti Yadav, Medical Officer, medico-legally examined Dalbir Singh and found the following injuries on his person:-