GURNAM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This Criminal revision petition has been filed by Gurnam Singh, complainant, challenging the judgment dated 18.12.2001 passed by learned Judicial Magistrate, Ist Class, Rajpura whereby respondents No. 4 to 6 were acquitted of all the charges framed against them for the offences punishable under Sections 324, 326, 148,149, IPC.

(2.) Brief facts of the case are that on 15.06.1993, on receipt of Medico Legal Report of one Gurnam Singh, ASI Surjit Singh went to Rajindera Hospital, Patiala, and after obtaining the opinion from the doctor, recorded statement of Gurnam Singh to the effect that he was resident of village Dera Alimajra and was an agriculturist. On 14.06.1993, his father, Hardial Singh, came to the house after attending court proceedings of a case pending in the Civil Courts at Rajpura with regard to some agricultural land. At about 6.00 P.M., Gurnam Singh along with his father Hardial Singh, his brother Amrik Singh, Raman Singh, Jarnail Singh, Jora Singh, Piara Singh son of Ajmer Singh and Chaten Singh went to the house of Balbir Singh to stop him from cutting sun-flowers (Suraj Mukhi) crop from the land in dispute. Jaggar Singh son of Bachan Singh asked as to how they dared to come there and, thereafter, Kesar Singh inflicted a gandasi blow on left side of his head; Rajinder Singh and Manga Singh who were working in the fields reached at the spot. Jaggar Singh gave a gandasi blow on the left side of his hand. Manga Singh inflicted a gandasi blow on his head. Amrik Singh, Harnek Singh,Jarnail Singh, Jora Singh, Piara Singh, Chaten Singh and his father rescued him from the clutches of the accused otherwise they would have killed him. The injuries were also caused to Kesar Singh, Jaggar Singh, Harjit Kaur, Balbir Singh, Jaggar Singh son of Bachan Singh in their defence. The accused ran away from the spot with their respective weapons. The motive for inflicting injuries was the land in dispute. 'Suraj Mukhi' was sown in the land in dispute and Balbir Singh and others wanted to forcibly cut the same. Bagh Singh took the injured Gurnam Singh to Government Hospital, Rajpura from-where he was referred to Rajindera Hospital, Patiala. FIR was registered. After completion of investigation, report under Section 173, Cr.P.C. was presented and the accused were charge sheeted for the offences punishable under Sections 324, 326, 148, 149, IPC.

(3.) In order to substantiate its allegations, the prosecution examined Gurdial Singh as PW1; Chaten Singh as PW2; Dr.I.C.Taneja as PW3; ASI Surjit Singh as PW4 and, thereafter, the prosecution evidence was closed by order of the court. Statements of the accused in terms of Section 313, Cr.P.C. were recorded in which they claimed themselves to be innocent. However, they had tendered certified copy of judgment dated 27.04.2001 in civil suit No. 317 dated 25.04.1994 as Ex.D1 and its decree sheet as Ex.D2.