HARDIAL SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) The instant revision petition has been filed against the impugned judgment dated 01.10.2011 passed by learned Additional Sessions Judge (Ad hoc) Fast Track Court, Amritsar, whereby the learned Additional Sessions Judge, Amritsar, has acquitted respondent No.3 but upheld the conviction of respondent No.2 and released him on probation.

(2.) Brief facts of the case are that complainantpetitioner (Hardial Singh) filed a complaint under Sections 326, 324, 323, 448, 506, 34 Indian Penal Code against Navjot Singh, Kuldeep Singh and Parkash Kaur, alleging that he had constructed five shops in the year 1994 in Chhota Haripura, Police Station Islamabad. Navjot Singh, brother of the complainant, asked for help as he was unemployed. In order to help him, the complainant and his wife allowed him to open Doctor's shop in one of the shops for some time and also gave financial help. It is alleged that it was one of the terms that he will have to vacate the shop as and when the complainant will ask him to vacate the same. It is alleged that Kuldeep Singh and Parkash Kaur also used to visit the shop and house of the complainant frequently and started interfering in his family life. All the accused told Kanso Devi, wife of the complainant to bring L 50,000/- from her parents and to give to Navjot Singh to expand his business. On her refusal she was abused and insulted. The complainant restrained them from doing so. Ultimately, on 01.06.1997 the complainant asked Navjot Singh accused to vacate the shop. Navjot Singh refused to vacate the shop, as a result of it, the complainant put his own lock on the shop on 04.06.1997 evening. Accused threatened to kill the complainant on 05.06.1997 when he was going to Patti on motorcycle in connection with his official duty. The accused came and tried to break open the lock of the shop. When the complainant and his wife objected, Parkash Kaur raised lalkara that they be killed. On this, Kuldeep Singh gave the blows with iron rod on the right arm. Parkash Kaur gave blows on the chest of the wife of the complainant. Thereafter, all the accused ran away. The matter was reported to the police, but no action was taken by the police, rather their signatures were obtained by police on blank papers for writing compromise. On 04.07.1997, Navjot Singh again abused and give threats. Thereafter, the complainant moved an application to the police. On 02.08.1997 at about 8 p.m., allegedly all the accused came on the shop of the complainant and took forcible possession of the shop and adjoining shop by cutting kundas with iron rod. On raising objection, complainant and his wife were threatened to kill by showing pistol. Thereafter, the matter was again reported to the police, but no action was taken.

(3.) In the preliminary examination, complainant himself examined as PW1, Kanso Devi as PW2, Inderjit Singh Bagga as PW4, Manmohan Singh as PW4 and Dr. Rajinder Pal as PW5 and closed the evidence. The accused were summoned under Sections 323, 324, 326, 34 Indian Penal Code to file trial. Ultimately, charge was framed against the accused under Sections 323, 326, 451 read with Section 34 IPC.