JASWINDER SINGH Vs. SURINDER SINGH AND ORS

JUDGEMENT

(1.) Applicant filed criminal complaint No. 63 of 28.05.2003, RT No. 53 of 06.09.2012 before the learned trial Magistrate for summoning of respondents for facing trial for alleged commission of offences punishable under Sections 326 and 324 read with Section 34 of the Indian Penal Code ('IPC' for short) on the allegations that respondents nos. 1 and 2 are real brothers, while respondent no.3 is a tenant in the house of the applicant located at Bhagatpura, Phagwara. Respondents nos. 1 and 2 in connivance with respondent no.3 started proclaiming themselves as landlords of the house of the applicant and they started demanding Rs. 30,000/- i.e Rs. 10,000/- each for vacating the house from the applicant. Applicant agreed to make payment of the said amount to each respondents. On 09.04.2003, the applicant came to his house at Mohalla Bhagatpura and made payments of Rs. 10,000/- to each of the respondents to get his house vacated as per the agreement. After making the payment of the amount, applicant left for Ludhiana in order to meet his sister living there. He reached near the railway godowns of railway station Phagwara after crossing railway line and he stopped on the road. As it was getting dark, he felt that he should stay in the house of his sister at Satnam Pura, Phagwara instead of going to Ludhiana. At about 07:45 p.m, all the respondents came there.

(2.) Respondent no.1 (Surinder Singh) was armed with datar, while respondents nos. 2 and 3 were empty handed. The latter started beating the applicant and caught hold of him, while respondent no.1 gave datar blow on the right arm near the shoulder of the applicant. Respondent no.1 yet, gave another datar blow on the head of the applicant and in order to ward off the attack, he raised his left hand and in the process, his left little finger got cut with the datar and adjacent finger also received corresponding injury. Applicant then raised an alarm which attracted Satnam Singh, who came there on a scooter and witnessed the occurrence and saved the applicant from the respondents, who later fled away from the place of occurrence.

(3.) Applicant was got admitted in Civil Hospital, Phagwara by Jagtar Singh son of Lubhaya Singh. Injury after x-ray examination suffered by the applicant was declared grievous in nature having been caused by sharp edged weapon. The matter was also reported to the police and FIR No.50 dated 13.04.2003 under Sections 326 and 324 read with Section 34 IPC was registered against the respondents. Since the police failed to arrest the respondents, that necessitated the institution of complaint by the applicant before the trial Magistrate seeking to summon them for commission of offences punishable under Sections 326 and 324 read with Section 34 IPC.