SOHNI SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal revision is directed against the impugned judgment dated 21.04.2012, passed by learned Additional Sessions Judge, (Fast Track Court), Bathinda, thereby dismissing the appeal of the petitioners against the judgment of conviction and order of sentence dated 17.08.2010, passed by learned Judicial Magistrate, First Class, Talwandi Sabo.

(2.) The facts of the present case, when put into narrow compass, are that on 20.07.2005, one medical information qua hospitalization of Daddi at Civil Hospital, Maur was received. On receipt of medical information, ASI Baldev Singh reached Civil Hospital, Maur, where he recorded the statement of injured. The injured stated that he was resident of Maur Mandi and was dealing in the business of scrap. On 19.7.2005, he was going for purchasing scrap. As he reached crossing of Kotiwala at 4:00 p.m., Somi son of Amarjit Singh, Sohni son of Amarjit Singh, Kala son of Bhagat Ram and Ravi son of Hansu Singh were found standing there. They waylaid him. Sohni exhorted that he should be taught a lesson for helping Mahinder Kaur and threw him on the ground. Somi and Sohni gave fist blows on his lips and chest. Kala and Ravi gave fist blows on his thigh. Sohni also gave fist blow on his forehead. After beating him, they left the place of occurrence. The motive of occurrence was that Sohni and Somi had a dispute with Mahinder Kaur in which he had helped Mahinder Kaur. Due to said grudge, the accused inflicted injuries upon him-complainant. Thereafter, he became unconscious and could not say as to who brought him to the hospital. On the above said statement of the complainant, Rapat No.8 dated 20.07.2005 was recorded in the Daily Diary. Opinion regarding the injuries was sought after the receipt of X-Ray report. Injury No.1 was found to be grievous. The site was inspected. Rough site plan was prepared. Statements of the witness were recorded. Accused Sohni and Somi were found to be innocent during the investigation. After completion of the investigation, challan was presented in the court against accused Ravi and Kala.

(3.) However, a complaint was also filed by the complainantDaddi. He alleged that Ravi, Sohni, Somi and Kala used to tease girls of the locality and he had requested them not to do so. Thus, they nourished a grudge against him. On 19.07.2005 at about 11:00 A.M., he along with Malkit Singh was having a cup of tea near Hanuman Mandir. Accused Ravi, Sohni, Somi and Kala came on peter rehra, which was being driven by Amarjit Singh. Accused No.1 to 4 with intent to beat him, dragged him on the peter rehra and took him along. They tied his hands, legs and gagged his mouth with cloth due to which he could not raise any alarm. He was taken to canal side of Kotliwala. The accused started beating him. Ravi gave blow with rod on his neck. Kala gave a stick blow on his thigh. Sohni gave blow with the rod on his forehead and other blows fell on his left eye brow. Somi gave a blow with axe from the blunt side on his nose which also fell on his lips. His nasal bone was fractured and he even lost his two teeth. As a result of injuries, he fell down on the ground and became unconscious. Leaving him at his own mercy, considering that he had died, accused left the place of occurrence. Thereafter, police got him admitted in Civil Hospital, Maur where he was medically examined. He was referred to Civil Hospital, Bathinda, where his medico legal examination was conducted. Police obtained his thumb impression on blank papers and true version was not recorded by the police. In this view of the matter, he filed a complaint to the Deputy Commissioner, Bathinda on 25.07.2005. In order to help the accused, police did not record his correct version. His father also moved an application to the Deputy Commissioner, Bathinda and then FIR No.108 dated 28.08.2005, Police Station Maur, under Section 323, 325 IPC was registered. His cloth was blood stained. Accused also left their blood stained clothes. The police, despite his requests, did not take into possession his blood stained clothes. He was not in a position to speak due to breakage of his teeth, injuries on the legs and jaw. Accused had inflicted injuries at the instance of one Hari Ram son of Moola Ram and Gurjant Singh. He was still apprehending threat at the hands of accused, who had threatened him with dire consequences, due to which he had to leave his house. It was further alleged that the accused, in furtherance of the common object, inflicted injuries on the complainant.