RANJIT SINGH Vs. MEHANGA SINGH

JUDGEMENT

(1.) THIS appeal as well as revision petition No. 1273 of 1982 are directed against order of the trial Magistrate dated 21-11-1981 whereby accused -respondents were acquitted in respect of charge under Sections 325/324/148 and 149 of the Indian Penal Code. Both the appeal as well as the revision petition shall be disposed of by this judgment.

(2.) IN brief facts relevant for the disposal of this case as emerge from the First Information Report lodged by Ranjit Singh injured, are, that on 33-7-1979, at about 9 P.M. while he was present at his house along with Gurbax Singh PM., Mehanga Singh accused armed with a Gandasi and other co-accused namely, Baldev Singh, Gurbachan Singh, Jarnail Singh and Kuldip Singh armed with dangs come there. Mehanga Singh opened the attack and gave Gandasi blow on the left knee of Ranjit Singh Ranjit Singh PW tried to get up. Immediately thereafter Mehanga Singh gave another Gandasi blow on the head of Ranjit Singh PW who fell down with his face downwards. Baldev Singh accused gave Dang blow on the right shoulder of Ranjit Singh. Thereafter other accused continued giving Dang blows to Ranjit Singh and Gurbax Singh PWs. On hearing the alarm raised by the said injured, Sher Singh and Baldev Singh came to the spot, witnessed the occurrence and on their intervention the accused ran away from the spot along with their respective weapons. After the occurrence Sher Singh took Ranjit Singh injured to the Police Station in a tractor trolly where Ranjit Singh PW lodged the report with the police. Both the injured were got examined. The Investigating Officer went to the spot, inspected the same, prepared rough site plan, recorded the statements of the witnesses and arrested the accused. After completion of the investigation, the accused were challaned, tried and acquitted as stated earlier. Kuldip Singh accused died during the trial.

(3.) THE learned counsel for the parties were heard.