JOGINDER KUMAR Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE revision is directed against order dated 29-10-1987 of Judicial Magistrate Ist Class, Gurdaspur dismissing the petitioners complaint under Sections 323, 504 and 506, Indian Penal Code against the respondents.

(2.) ACCORDING to the petitioner (complainant) the accused persons are running a shop near petitioner's shop at Gurdaspur. They have business jealousy with the petitioner. On 1-10.1985, the petitioner had gone to Kalanaur in order to see a relative. At 6.00 PM, he was waiting at the Bus Adda at Kalanaur in order to get conveyance for Gurdaspur. The two accused came there and Ashok Kumar accused gave kick blows on his abdomen while Vijay Kumar accused caught hold of him by his hands. Both the accused gave him a beating. Ashok Kumar accused also gave a blow with his iron Karra on the right side of the nose. The accused also threatened the complainant of dire consequences. The complainant was rescued by Mohinder Pal, Sat Pal and Romesh Lal who were present there. The complainant went to Police Station and was advised to first get himself medically examined. He went to the hospital at Kalanaur. The doctor declined to examine him. The aforesaid witnesses brought him to Civil Hospital, Gurdaspur where he was medically examined. He reported the matter to the police but no action was taken and consequently, he filed the said complaint on 29-2-1987.

(3.) A perusal of the impugned order shows that besides complainant Joginder Kumar PW-1, the prosecution story was supported by an eyewitness Romesh Lal. The learned Magistrate disbelieved their evidence mainly on the ground that the parties belonged to Gurdaspur and it was not credible that the occurrence took place at Kalanaur. The court also found some discrepancies between the statements of the two witnesses. Another ground which seems to have prevailed with the learned Magistrate is that there was no medical corroboration as the doctor was not yet examined, This brings in the question of dasti summonses and the failure of the complainant to serve his remaining witnesses.