RAMESH KUMAR Vs. BEERU RAM AND OTHERS

JUDGEMENT

(1.) The present application, under Section 378(4), Cr.P.C., has been filed for grant of special leave to appeal against the judgment of acquittal, dated 3.12.2009, in a complaint case, bearing Criminal Complaint No. 141-1 of 9.10.2001, passed by the learned Judicial Magistrate Ist Class, Abohar.

(2.) The brief facts of the case are that the applicantcomplainant, Ramesh Kumar, presented a complaint before the learned Juducial Magistrate Ist Class, Abohar, with the broad allegations that on 14.8.2001, respondent No. 1, Beeru Ram, and others in connivance with each other had inflicted injuries to him and as a result thereof he (Ramesh Kumar) was admitted in Civil Hospital, Abohar. Dr. D.P. Godara prepared his Medico Legal Report (MLR) and advised X-ray examination.

(3.) On 16.8.2001, at about 10.30 a.m., when Ramesh Kumar along with Bharat Kumar, Sweeper, was coming out of Xray Room, the respondents-accused, Beeru Ram, Nirmal Singh, Gopi Ram and Krishan Kumar, arrived there in a Jeep, which was being driven by Nirmal Singh. Beeru Ram exhorted to teach a lesson for not entering into a compromise with them and thereafter Krishan Kumar, Gopi Ram and Beeru Ram forcibly took him (Ramesh Kumar) in the Jeep towards Police Station, City, Abohar, where respondent No. 5, ASI Satwant Singh, and other police officials were present. Ramesh Kumar was taken to a field where Krishan Kumar directed him to put his signatures on certain blank papers, in connection with a compromise, failing which he (Ramesh Kumar) was threatened to be killed. Gopi Ram started abusing and caught hold of his (Ramesh Kumar) neck, as a result of which the golden chain of Ramesh Kumar fell down and could not be traced. When Ramesh Kumar refused to sign the papers, ASI Satwant Singh caught hold his hair, gave a kick blow and snatched Rs. 1,200/- from him. In spite of that when Ramesh Kumar did not agree to sign the papers, then ASI Satwant Singh placed revolver on his head, then Ramesh Kumar signed the blank papers. Ramesh Kumar was again taken to the Police Station, City, Abohar, and was illegally detained up to 19.8.2001.