CHHINDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 18.7.1996, complainant HC Manjit Singh (PW1) (for brevity "the complainant") was stated to be on duty along with other police officials on the eve of fair of Baba Godari Shah in village Machhipal, District Kapurthala. SI/SHO Gian Singh had deputed the police officials on separate duties in the fair. The complainant and constable Balwant Singh (PW2) were assigned the duties near the Pandal, where the sitting arrangement for ladies was made. According to complainant that at about 3.30 P.M., appellant Chhindi son of Dhanna came under the influence of liquor and sat near the ladies. The complainant repeatedly asked him to sit where the men were sitting, but in vain. Sequelly, the case of the prosecution further proceeds that at about 5.30 P.M. as soon as, the complainant (PW1) was present on his duty, in the meantime, the appellant along with his brother accused Nirmal Singh alias Nikka and 7/8 other persons came to the spot. The appellant gave a knife blow, which hit on his (PW1) left cheek, whereas accused Nirmal Singh alias Nikka gave fist blow, which hit on his lips. The other accused caught hold of him, gave beatings and torn the shirt of his official uniform. He raised the noise, upon which, he was rescued by Constables Balwant Singh, Paramjit Singh and other organizers of the fair. Thereafter, the appellant and his other co -accused were stated to have decamped from the spot. Consequently, he (complainant) made his statement (Ex. PA) before ASI Amrik Singh (PW3) in this respect. In the background of these allegations and in the wake of statement (Ex. PA) of the complainant, the present criminal case was registered against the appellant and acquitted accused, vide FIR No. 33 dated 18.7.1996 (Ex. PA/2), on accusation of having committed the offences punishable u/s. 148, 186, 332 & 353 read with section 149 IPC by the police of Police Station Sadar Kapurthala in the manner depicted here -in -above.

(2.) AFTER completion of the investigation, the final police report (challan) was submitted by the police against the appellant and acquitted accused to face the trial for the pointed offences. The perusal of the record would reveal that since the appellant had also filed a criminal complaint u/s. 308 IPC against the complainant and other police officials, arising out of the same incident/occurrence, which was pending in the Court of Session, so, the Addl. Chief Judicial Magistrate committed the instant case for trial to the Court of Sessions Judge to be tried with the cross complaint case, through the medium of commitment order dated 14.5.1998, the operative part of which is (para 6) as under: -

(3.) HAVING completed all the codal formalities, the appellant and acquitted accused were charge -sheeted for the commission of indicated offences by the trial Court. As they did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution.