GURPREET SINGH Vs. BALJRAJ SINGH

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner against the judgment dtd. 14/3/2016 passed by the Court of learned Additional Sessions Judge, Faridkot, confirming and upholding the judgment and order dtd. 11/9/2014 passed by the Court of learned Judicial Magistrate 1st Class, Faridkot, whereby respondent No.2 Sukhjinder Kaur was acquitted while respondent No.1 Balraj Singh and respondent No.3 Yadvinder Singh were convicted under Sec. 323 IPC and released on probation.

(2.) The brief facts of the case are that FIR No.31 dtd. 14/3/2010 was registered under Sec. 323, 324 read with Sec. 34 IPC at Police Station Sadar Faridkot, on the basis of statement of complainant Gurpreet Singh wherein he stated that on 13/3/2010 he had gone to his fields and at about 4.00 PM, he saw that respondent No.1 Balraj Singh armed with gandasa, respondent No.2 Sukhjinder Kaur armed with gandasa, Teja Singh (juvenile) armed with wooden stick and respondent No.3 Yadwinder Singh were standing outside their house and dismantling the khaal (water channel) and when the complainant refrained them from doing so, Sukhjinder Kaur attacked him and gave gandasa blow on the left side of forehead of complainant, while Balraj Singh raised lalkara and asked his son Yadvinder Singh to bring rifle from his house. In the meantime, said Balraj Singh gave blow with reverse side of gandasa which hit on the left arm of complainant. Teja Singh gave stick blows which hit on the right side of waist and left leg of complainant. On hearing the hue and cry raised by the complainant, Jasvir Singh neighbor of Balraj Singh came out along with Pritam Singh and both of them rescued the complainant and they also caught hold of rifle from the hands of Yadwinder Singh, who reached there armed with rifle. Thereafter, the complainant was taken to GGS Medical College and Hospital, Faridkot for his treatment. The motive behind the occurrence was that Balraj Singh felt offended when the complainant stopped him from dismantling khaal (water channel).

(3.) During investigation the police inspected the place of occurrence and the accused were arrested and finally the challan was presented against juvenile offender in the court of Principal Magistrate Juvenile Justice Board while the challan against respondent Nos.1 to 3 was filed in the Court of Illaqa Magistrate.