BALDEV RAJ Vs. WILLIAM DAS

JUDGEMENT

(1.) The petitioners have been summoned by the Additional Chief Judicial Magistrate, Gurdaspur vide order dated 8.12.1987, on the basis of a complaint filed by William Masih respondent (hereinafter called the complainant) The petitioners have come up for getting the order of the AddI. Chief Judicial Magistrate quashed.

(2.) The facts in brief are that Smt. Anita is the wife of the complainant, while others are her relations. According to the averments in the complaint, the complainant was serving in the Army. He had strained relations with his in-law and litigation was pending. On 7.9.1987 at 6 a.m., when the complainant was present at Bus Adda Noshera Majja Singh, all the accused came on two scooters. Seeing the complainant, Baldev Raj raised a Lalkara that he should not be spared as he failed to return the dowry articles given to him at the time of marriage. Chaman Lal gave a fist blow, aimed at the face of the complainant, but the same hit him on the right upper arm. Alias caught hold of him from the left arm and gave injury with her nail on his left upper arm. Baldev Raj also gave a kick blow with his shoe hitting him on his right knee. The complainant fell down on the ground. All the accused-persons dragged him and in that process, Babli accused took away the purse of the complainant which contained Rs. 1,500/-. Chaman Lal accused also threatened the, complainant that if he disclosed that fact to anybody, he would be murdered. The complainant then raised alarm which attracted Kulwant Singh and Sewa Singh who saw the entire occurrence. The accused-persons then ran away. He got himself medico-legally examined and then approached the Police. The Police having failed to take any action, he filed the complaint.

(3.) In the preliminary evidence, the petitioner made his own statement and examined Kulwant Singh and lady Dr. Sudesh. The statement of Kulwant Singh corroborates the statement of the complainant, while that of the lady doctor has confirmed the finding of five injuries on his person. On the basis of this evidence, the learned AddI. Chief Judicial Magistrate summoned the accused- petitioners for offences under sections 323/506 read with section 149 of the Indian Penal Code.