TIRATH SINGH Vs. JASVIR SINGH @ RANA AND ANOTHER

JUDGEMENT

(1.) The applicants, vide these two applications, one filed by the first informant-complainant and the second by the State of Punjab, seek leave to file appeal against the same judgment of acquittal dated 15.10.2010. Both these applications are proposed to be decided along with an application under Section 5 of the Limitation Act filed by the State of Punjab, seeking condonation of delay of 271 days, by this common order. However, the facts are being culled out from Crl. Misc. A-303-MA of 2011. Facts first. The criminal law was set into motion by Tirath Singh-complaint, PW2, getting his statement recorded to SI Devraj PW4, alleging that on 3.10.2008 at about 5:15 p.m., respondent Jasvir Singh @ Rana, his wife Amarjit Kaur and Gurdev Kaur have caused injuries to his father Gurdev Singh.

(2.) In order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts noted by the learned trial court and the same read as under:-

(3.) Investigation was carried out by SI Devraj. An application was moved by Gurmail Singh for inquiry. During the course of investigation, Amarjit Kaur and Gurdev Singh were found to be innocent. On another application having been moved by accused-Jasvir Singh before Superintendent of Police (D), Jalandhar, another inquiry was got conducted but as per the report of Superintendent of Police (D), Jalandhar, respondent Jasvir Singh was found to be the accused whereas Amarjit Singh and Gurdev Kaur were again found to be innocent. During the course of investigation, accused could not be arrested and the report under Section 173 of the Code of Criminal Procedure ('Cr.P.C.' for short), was presented to the court in his absence. The offence under Section 307 of the Indian Penal Code ('IPC' for short), having been found to be exclusively triable by the court of Sessions, the case was committed to the learned trial court.