STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS order shall dispose of Criminal Appeal No. 486-DBA of 1992 and Criminal Appeal No. 487-DBA of 1992 filed by the State of Punjab against the judgment dated 30.5.1992 acquitting both sets of accused.

(2.) BOTH the appeal arise out of the same FIR i.e. No. 38 dated 14.7.1986 although both the sets of accused were separately charge-sheeted.

(3.) DURING investigation, the investigating agency found that both sets of accused have caused injuries to each other and thus submitted two separate reports under Section 173 of the Code of Criminal Procedure for offence under Sections 326, 323 read with Section 34 of the Indian Penal Code. Vide separate judgments of the same date, the learned trial Magistrate gave benefit of doubt to both sets of accused and acquitted them of the charges. The trial court found that the prosecution witnesses in their statements have not explained the injuries suffered by the accused on the date of occurrence. It also held that Bhupinder Singh who has allegedly rescued the complainant has not supported the prosecution version. The trial Court found that the motive explained by the complainant is not cogent and convincing as it was the complainant party which could be expected to be aggressor.