BHINDER SINGH Vs. JAGGA SINGH & ORS

JUDGEMENT

(1.) The conspectus of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for condonation of delay of 973 days in filing the petition under section 378(4) Cr.PC for leave to appeal and emanating from the record, is that having completed all the codal formalities and taking into consideration the delay in lodging the FIR, insufficiency, improbabilities, inherent contradictions in the ocular as well as medical evidence and interested evidence of the prosecution, the trial Court acquitted the private respondents-accused for the commission of offences punishable u/ss 324 and 325 read with section 34 IPC, by means of impugned judgment of acquittal dated 20.2.2009.

(2.) Aggrieved thereby, the revision petition filed by petitioner complainant Bhinder Singh (for brevity "the complainant") was dismissed as well, by the revisional Court, by virtue of impugned judgment dated 24.8.2011, which, in substance, is as under (paras 6 to 8):-

(3.) The petitioner-complainant still did not feel satisfied and preferred the present time barred petition for leave to appeal, invoking the provisions of Section 378(4) Cr.PC along with a petition for condonation of delay of 973 days in filing the same, inter-alia pleading that he has filed the revision petition before the revisional Court, which was dismissed. In this process, the delay of 973 days has occurred, which was stated to be neither intentional nor willful, rather it was due to paucity of funds.