STATE OF PUNJAB Vs. PIARA SINGH

JUDGEMENT

(1.) PIARA Singh, Joga Singh and Kulwant Singh, respondents, were tried by Shri Iqbal Singh, Additional Sessions Judge, Ludhiana, for offences under Sections 367,325 and 342 read with Section 34 of the Indian Penal Code but were acquitted vide his impugned judgment dated 20.3 .1987. The State of Punjab, feeling aggrieved against the said judgment, has preferred this appeal.

(2.) THE prosecution case, briefly summarised, is as follows. P.W. 5 Harbans Lal runs a Dhaba on Samrala road. He resides in Mohalla Beant Pura. There is a vacant plot adjacent to his house, which is in his possession. At a shore distance from this plot, Piara Singh, respondent, is running dairy. He allegedly had an eye on the plot in possession of Harbans Lal. He had been threatening Harbans Lal that he will take possession of the plot by bringing persons from outside. However, he (Harbans Lal) had been asking him not to do so. On 30.6.1986, at about 9.30 P.M., Harbans Lal was present in his Dhaba. His uncle Joginder Singh son of Banta Ram and his brother Ram Lal son of Charan Dass were also present there. All the respondents allegedly came there in a three wheeler bearing No. PUL 7235 driven by Kulwant Singh in front of the Dhaba of Harbans Lal, complainant. Piara Singh called Harbans Lal by his name and on this he went near the three wheeler. Thereupon he (Piara Singh hurled abuses on him and told him that he was in possession of their plot. He then dragged him in the three wheeler. Harbans Lal raised hue and cry. P.W. 6 Joginder Pal and Ram Lal came forward to rescue him but the complainant was taken away in the three -wheeler towards cheema chowk. The allegation is that on the way all the respondents were threatening Harbans Lal that he would not be left alive that day, On reaching the shop of Piara Singh, the respondents took Harbans Lal out of the three wheeler. Piara Singh dealt three blows with iron rods on right thigh and one blow on his left leg. Kulwant Singh gave him a thrust blow with his stick, which hit him underneath his right eye. Joga Singh gave him fist blows on his nose and right cheek. On sustaining these injuries, Harbans Lal fell down on the ground while he was raising hue and cry. On hearing his cries, a C.R.P.F. patrolling party came there, as a result of which the respondents fled away. Harbans Lal was removed to the Civil Hospital, Ludhiana, in an injured condition in the van of C.R.P.F. where he was examined by Dr. Kulwant Singh, who found seven injuries on his person. Intimation was sent to the police, on receipt of which P. W. 7 Assistant Sub Inspector Bakshish Singh went to the Civil Hospital, Ludhiana, and recorded the statement of Harbans Lal Exhibit PF. It was sent to the Police Station, on the basis of which formal First Information Report Exhibit PF/2 was recorded. The Investigating Officer then went to the spot along with P.W. 6 Joginder Pal and Ram Lal and Prepared the rough site plan. He then went to the spot, where the compiainant had received injuries, and prepared the site plan Exhibit PH. Dr. Urminder Kaur (P.W. 2) conducted X -Ray examination of the injured. The injured was subsequently admitted in C.M.C. Hospital, Ludhiana, where he was examined by P.W. 3 Dr. Parshad Barkey, who found eight injuries on his person. On 4.7.1986, the police arrested Kulwant Singh and Joga Singh, respondents, while Piara Singh, respondent was arrested on 5.7.1986.

(3.) IN order to substantiate the allegations against the respondents, the prosecution examined P.W. 1 Dr. Kulwant Singh, P.W. 2 Dr. Urminder Kaur, P.W.3 Dr. Parshad Barkey and P.W. 4 Nachhattar Singh, who prepared the scaled site plan, and P.W. 5 Harbans Lal, who is the injured complainant, who attempted to support the prosecution version. His statement, in turn, was sought to be corroborated by P.W. 6 Joginder Pal. P.W. 7 Assistant Sub Inspector Bakshish Singh is the Investigating Officer. In their statements under Section 313 of the Code of Criminal Procedure, the respondents denied the prosecution allegations and pleaded false implication. Piara Singh, respondent, pleaded that one Hardial Singh, S.I., is inimical towards him and he wanted to take forcible possession of the plot, where he (Piara Singh) runs a dairy and there is a case between him and Hardial Singh under Section 307 of the Indian Penal Code. Joga Singh pleaded that he is a tenant of Piara Singh. He has no enmity with anybody. He works on machine in Oswal Mills. On 1.7.1986, he was taken by the police to Police Station and falsely implicated. Kulwant Singh, respondent, pleaded that he was coming from Cheema Chowk, when C.R.P.F. people and Punjab Police stopped him. They asked him to take the injured in his auto rickshaw to the hospital. He did so but on the next day, he was taken by the police and falsely implicated in this case. Tile respondents placed on record copy Exhibit DA of the First Information Report in their defence. The trial Court, after careful scrutiny of the entire prosecution evidence, came to the conclusion that the prosecution has failed to prove the charge against the respondent beyond a shadow of reasonable doubt and accordingly acquitted them.