NIRANJAN SINGH Vs. JANAK SINGH AND OTHERS

JUDGEMENT

(1.) The instant criminal revision has been filed against the impugned judgment dated 25.08.2004 passed by learned Additional Sessions Judge, Patiala, whereby the learned Additional Sessions Judge, Patiala, has acquitted respondent Nos. 6 and 7.

(2.) Brief facts of the case are that on 21.12.1994 on receipt of intimation from the Civil Hospital, Nabha that Niranjan Singh son of Kehar Singh resident of Saholi was admitted there in injured condition, a police party headed by ASI Karansher Singh reached the hospital. After obtaining opinion of the doctor regarding fitness of the injured, ASI Karansher Singh recorded statement of injured Niranjan Singh on 22.12.1993, which is to the effect that on 21.12.1993 when he after suffering statement in the Court had gone to the Market Committee, Nabha to see Nihal Singh son of Joinder Singh, he was told that said Nihal singh had gone to the Kothi of MLA and when he (Niranjan Singh) was going back on path by the side of canal of Village Chaudhary Majra, he was laid by two scooterist i.e. Amarjit Singh and Jeeta. At this, one jeep arrived at the spot and Janak Singh, Gamdoor Singh, Amrik Singh, Joshi alias Kala and Nirbhai Singh alighted from the same. Janak Singh raised lalkara that he (Niranjan Singh) be taught a lesson for giving evidence. Amrik Singh then gave a gandasi blow on the finger of his right hand. He fell down from scooter. Gamdoor Singh and Nirbhai Singh caught him by his legs. Gamdoor Singh, Nirbhai Singh and Joshi then put a rope around his neck. With a result of it he received injuries on his neck. Then all the accused tried to put him in the jeep but Nirbhai Singh fell down on the ground. Then all the accused kept on giving Niranjan Singh kicks and fist blows. Janak Singh, Jeeta and Amarjit Singh were proclaiming to teach him a lesson for giving evidence. When raised rola 'Marta Marta', it attracted Amar Singh, Sinder Singh and Amrik Singh who came at the spot. Some other persons also gathered at the spot. On seeking them, all the accused ran away from the spot in jeep and scooter with their respective weapons. They removed him to civil hospital for treatment. The motive behind occurrence is that the complainant had appeared as witness against Amrik Singh and Darshan Singh and due to this, they have caused injuries on his person. After recording the statement of the injured, it was sent to the Police Station through C. Gurnam Singh. On the basis of it, formal FIR was recorded. After completion of all the formalities of the investigation, challan against the accused was presented in the Court.

(3.) Finding a prima facie case against the accused, they were charge- sheeted to which they pleaded not guilty and claimed trial.