GURDIP SINGH Vs. SWARAN SINGH & OTHERS

JUDGEMENT

(1.) Both the applications bearing Criminal Misc. Nos.7203 and 166-MA of 2011 are decided by this common order.

(2.) Applicant-Gurcharan Singh, had filed a criminal complaint against 12 respondents for having committed the offences punishable under Sections 148, 149, 307, 323, 342, 450, 452, 504 and 506, IPC before learned Sub Divisional Judicial Magistrate, Jalalabad, on the board allegations that the respondents had a grudge against the complainant on account of some previous criminal matter. One day prior to the date of incident, Swaran Singh was playing tape recorder at a high pitch.

(3.) When the applicant-complainant asked Swaran Singh not to play the tape recorder at such a high pitch, Swaran Singh got annoyed. A few days prior to the date of occurrence, an altercation had also taken place between the two factions and that matter was reported to the police by Sukhwinder Kaur, wife of the applicant-complainant. On 08.08.2001 at about 6.00 p.m., the complainant and his wife were present in their house when the accused persons came there and exhorted to teach a lesson to Sukhwinder Kaur for moving an application against them. At that time, except Santa Singh, Paro Bai, Deepo Bai, Mohindro Bai and Kanwar Singh, all other assailants were armed with weapons and, they started beating Sukhwinder Kaur. Gurmeet Singh inflicted gandasi blow at the head of the applicant. Swaran Singh gave a sota blow on the forehead of the complainant/applicant, while Pritam Singh also gave sota blow on his shoulder. Hansa Singh gave a sota blow on the back of the complainant. While Pritam Kaur caught hold the collar of his shirt, Jeeto Bai caught hold the legs of the complainant. When Sukhwinder Kaur tried to rescue the applicant/complainant from the clutches of the accused then Asha Rani gave a sota blow on her head and Santa Singh gave a sota blow on her back. Paro Bai dragged Sukhwinder Kaur from her legs and Deepo Bai caught hold the hair of Sukhwinder Kaur. Mohindro Bai also dragged the applicant/complainant while Kanwar Singh gave a sota blow on her back. The applicant and his wife Sukhwinder Kaur raised noise then the accused ran away from the spot with their respective weapons. The injured-Gurcharan Singh and his wifeSukhwinder Kaur were taken to the hospital where they were medico legally examined. The police was informed which reached the hospital and recorded their statements. However, when no action was taken for a long time, the complaint was filed on 09.10.2001. In the preliminary evidence, as many as three witnesses were examined. Learned Judicial Magistrate ordered the summoning of Gurmit Singh, Swaran Singh, Pritam Singh, Hansa Singh, Asha Rani,. Santa Singh and Kanwar Singh for having committed the offences punishable under Sections 323, 452 and 506, IPC and dismissed the complaint qua the remaining accused. After appearance of the summoned accused, the precharge evidence was led and finding a prima facie case, charges under Sections 323, 452 and 506, IPC were framed against them.