SUKHDEV KUMAR Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) Aggrieved against that part of the impugned judgement, vide which the respondent-accused Vijay Kumar was ordered to be released on probation, the petitioner has approached this court by way of instant revision petition.

(2.) The brief facts of the case are that the petitioner is the original complainant-author of FIR No. 122 dated 26.6.2001 under Section 323/325/34 IPC, Police Station Nurmahal. On 23.6.2001, one MLR pertaining to complainant Sukhdev Kumar was received, on which ASI Bhagwan Dass reached at Civil Hospital Nurmahal. He sought the opinion of the doctor, who declared the injured fit to make the statement, but the injured had gone to Nakodar for X- ray examination. On 24.6.2001, ASI Bhagwan Dass again reached at Civil Hospital Nurmahal and recorded the statement of injured Sukhdev Kumar to the effect that he was resident of Village Kot Badal Khan and was a shopkeeper. On 23.6.2001, at about 5.30 AM, he went to the fields for easing himself and thereafter when he was coming back, he again felt some pain in his abdomen. He again went to the fields and when he was sitting in the fields of Vijay Kumar son of Kishan Dev to ease himself, then Vijay Kumar and his wife Kanta Rani started giving brick bat blows to him. He sustained multiple injuries on his face, back and right wrist. The motive behind causing of injuries was that he was sitting for easing himself in the fields of Vijay Kumar and he was empty handed. Karam Chand son of Puran Chand (PW-2) came to his rescue as he happened to be a passer by at the place of occurrence.

(3.) The statement of Sukhdev Kumar-complainant was recorded and a ruqa was sent to the police station for registration of a case. On the basis of the ruqa, formal FIR was registered. Thereafter on 24.6.2001, X-ray report pertaining to the injured was received, which disclosed that injured suffered one fracture. Hence, offence under Section 325 IPC was added. Investigation was carried out and accused were arrested. After completion of the investigation, report under Section 173 Cr.P.C. was presented in the court.