BALBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) RESPONDENTS No. 2 to 10 had faced trial, in a complaint filed against them by the applicant, qua commission of offence punishable under Sections 148, 323, 452 of the Indian Penal Code, 1860 and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial Court, vide judgment dated 21.3.2013 acquitted respondents No. 2 to 10. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 for grant of leave to file an appeal by the complainant. I have heard the learned counsel for the applicant and have gone through the record available on the file carefully.

(2.) THE case of the complainant, in brief, is that on 28.02.2004, Ram Lal, brother of the complainant, was coming from Dasuya to village Talwandi Kalan at about 6.30 p.m. in a three wheeler. In that tempo, Kuldip Singh, Rakesh Kumar, Ravinder Kumar and Shashi Kumar were also travelling. When the tempo had crossed Mukerian Town, then Kuldip Singh, Rakesh Kumar, Ravinder Kumar and Shashi Kumar started spitting on Ram Lal after consuming Pan Prag. When Ram Lal raised objection, the said persons started abusing him in the name of his Caste. Hot words were exchanged between accused and Ram Lal. Ram Lal got down from the tempo (three wheeler) at the bus stop of Talwandi Kala. When Ram Lal was proceeding towards his house, then Kuldip Singh, Rakesh Kumar, Ravinder Kumar, and Shashi Kumar followed him and manhandled him and abused him in the name of his caste. Thereafter, the accused left for Musah Pur in tempo. Ram Lal reached home and narrated the occurrence to the complainant. On hearing noise, Ram Lal went to the roof of the house. It was about 7.15 p.m. and Ram Lal saw that many persons armed with deadly weapons were coming towards their house. An information was given to the Police. All the accused trespassed into the house of the complainant armed with deadly weapons. A fight took place between the accused and the Mob. Accused suffered injuries at the hands of the Mob. Then all the accused fled away from the spot.

(3.) THE reasons given by the trial Court, while acquitting the respondents, are sound reasons. Learned counsel for the applicant failed to point out any misreading of evidence by the trial Court.