JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In a nut-shell the facts of the case are that on 12.12.2005, the statement (Ex. PB) of Gurjinder Singh (injured) was recorded by HC Balraj Singh, to the effect that he was student of class 10th and resident of village Narru. On 11.12.2005, at 5.00 p.m., he was watching television along with his grand-father in his house, then the petitioner, Jatinder Singh, came there in a drunken condition and started raising demand of money. On refusal by Gurjinder Singh, the petitioner-accused gave a kick blow on his left toe and Kirch blow on left hand. On raising alarm, the petitioner-accused, Jatinder Singh, fled away from the spot.

(2.) On the basis of the above statement, FIR No. 257, dated 12.12.2005 (wrongly mentioned as 12.1.2005 in the impugned judgment as well as in the custody certificate submitted by the Jail Authorities), under Sections 324 and 452, IPC, was registered at Police Station, Sadar, Rajpura, District Patiala. The petitioner-accused was arrested and after completion of the investigation, the report in terms of Section 173, Cr.P.C., was presented before the learned Area Judicial Magistrate.

(3.) Finding a prima facie case, the charges for the offence punishable under Sections 324 and 452, IPC, were framed against the petitioner-accused, to which he pleaded not guilty and claimed trial. To prove its case, the prosecution examined HC Balraj Singh (PW-1), Gurjinder Singh (PW-2), Dr. Sunny Singla (PW-3), Harchand Singh (PW-4), HC Kesar Singh (PW-5) and Dr. P.C. Goel (PW-6).