HARJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Applicant-complainant Harjit Singh has filed this application under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 31.7.2012 vide which respondent No. 4 was acquitted of the charges framed against him. Respondents No. 2 and 3 were also acquitted of the charges framed against them under Section 326 IPC, whereas, they were convicted and sentenced for commission of an offence under Section 323 read with Section 34 IPC.

(2.) In this application prayer is to set aside order of acquittal granted to respondent No.4 and for awarding conviction to him. In the same manner, to set aside acquittal granted to respondents No.2 and 3 from an offence under Section 326 IPC and for sentencing them as per charge framed against them.

(3.) Against above named accused, a criminal complaint was filed by the applicant-complainant. In that complaint, it was alleged "that on 24.3.2002 at about 4 PM complainant along with his uncle's son Harjeet Singh were going from the Haveli to their house via public street. When complainant and Wassan Singh reached near the house of Master Darshan Singh and Harjit Singh demanded the balanced amount of Rs. 2000/-from Balwinder Singh, the accused Balwinder Singh taunted Harjeet Singh in a rebuking manner and asked him to stay over there and he would pay the money due to him and make the payment. Balwinder Singh went to his house and returned along with the above said accused. Balwinder Singh was armed with sword, Chanan Singh was armed with Chhavi, Pinder Singh was armed with dang, Bittu was armed with datar, Harjeet Singh son of Mohinder Singh was armed with Chhavi and Charanjit Singh came there. Accused Harjeet Singh exhorted the coaccused with lalkara that Harjeet Singh be taught a lesson for demanding the amount due to him and on this accused Balwinder Singh (since deceased) opened the attack. Accused Balwinder Singh with his kirpan wielded blow to Wassan Singh three times, one after the other, which hit him on his right hand and chopping off his right hand little finger and adjoining ring finger. Balwinder Singh further attacked with his kirpan on Wassan Singh which hit him on right hand from its reverse side.