BUDH RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is the complainant in FIR No.53 recorded on 7.4.2000 under Sections 323, 324, 506, 34 IPC. This seems to be a case of fight between some ladies living as neighbourers. Budh Ram, whose mother got injured, was taken to the hospital by the petitioner. He had reached the spot on hearing that the ladies have had some fight. The petitioner alleged that in his presence and in presence of his brother, Bimla, Bibo etc. hit their mother on her forehead with the brick. The petitioner took her mother to the hospital. While he was returning on his scooter, he was attacked by the accused persons by encircling the scooter. The petitioner alleged that he was given beatings with dangs and soties. The quarrel appears to have taken on account of some dispute regarding a wall.

(2.) The main submission of the petitioner is that the Court has misread the incident. The case against the respondent-accused was for using force against Budh Ram, leading to offence under Sections 323, 324 IPC whereas the Court has construed it on the attack on the mother of the petitioner. The respondent-accused persons were let off primarily on the ground that mother was not examined, taking her to be a complainant and a victim in this case. In fact, it was Budh Ram, who was a victim and this aspect of the case has accordingly been misread.

(3.) I have considered this submission in the light of evidence, as can be discerned from the impugned order. Even if this aspect is kept aside, it appears that the petitioner has made some vague allegations against the accused, who are more in number. The quarrel, which took place between the neighbourers, obviously was over some minor incident. Instead of making efforts to resolve, the parties have been litigating and have ultimately approached this Court by way of present proceedings.