SURJIT KAUR Vs. GURJINDER SINGH @ LADDU & ORS

JUDGEMENT

(1.) The instant revision petition is directed against the judgement dated 21.10.2010 passed by the Additional Sessions Judge (Ad hoc), Fast Track Court, Gurdaspur, whereby the respondents have been acquitted by reversing the judgement dated 05.05.2005 passed by the Additional Chief Judicial Magistrate, Gurdaspur.

(2.) Heard.

(3.) Brief facts of the case are that the complainant-petitioner filed a complaint against the respondents on the allegations that on 03.04.1995 at about 05.30 pm., Gurjinder Singh @ Laddu,respondent No.1, while passing through the street hit his tractor against the wall being constructed by the petitioner. On raising objection by the petitioner, there was exchange of abuses between the parties and respondent No.1 left that place in a revenge mood. On the same day, the respondents armed with the deadly weapons came to the house of the complainant and started shouting at the complainant. They forcibly entered the house of the complainantpetitioner. Gurjinder Singh- respondent No.1 gave a kirpan blow hitting the complainant petitioner on her right arm while Mohinder Kaur aforesaid gave a dang blow hitting the complainant on the right side of her head whereas Chirri @ Veero gave dang blows and hit the complainant-petitioner on her shoulder and scapular region. They also injured Joginder Singh son of the complainant on his nose who tried to rescue his mother. Jasbir Singh son of the petitioner and Kartar Singh husband of the petitioner then took out the sticks and caused injuries to the accused in their self defence. The injured were taken to the PHC Kalanaur, where they were medico legally examined. After the occurrence, the petitioner registered a case against the respondents and on the basis of preliminary evidence led on the record, the accused were summoned vide order dated 07.12.1995. In the pre-charge evidence, Dr.Jagjiwan Lal Radiologist PW1, Joginder Singh PW3, Dr.Sushil Kaushal, Medical Officer PW4 and the petitioner himself appeared as PW2. On the basis of the pre-charge evidence in the case, the accused-respondents were discharged vide order dated 23.07.1997.