PARMINDER SINGH Vs. SUCHA SINGH AND ANOTHER

JUDGEMENT

(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 23.09.2010 passed by the learned Sessions Judge, Rupnagar, whereby respondent Nos.1 and 2 have been acquitted of the charges framed against them.

(2.) Brief facts of the case are that a complaint was filed by the complainant against respondent Nos. 1 and 2 alleging that for getting the dispute regarding encroachment of the land solved, demarcation was got conducted. The respondents accused owns land adjoining the land of the complainant Joginder Singh. Halqa Patwari and Halqa Kanungo were called for conduct of demarcation. Both the respondents resisted attempt of obtaining demarcation because they were aspiring to have report in their favour without demarcation. The respondents rushed towards complainant. Accused Gurbax Singh raised lalkara for teaching lesson qua attempt of getting demarcation. Accused Sucha Singh attacked by giving knife blow on the head of complainant. However, that blow was warded of by raising right hand. The accused were aggrieved because of the purchase of land by the complainant from their collaterals. The occurrence was witnessed by Surjit Singh, Jaspal Singh and Ram Asra. Complainant got himself admitted in Sector 32, Government Medical College & Hospital, Chandigarh for treatment. The matter was reported to the police, but police did not take action. Thereafter, the complainant filed the instant complaint. After recording preliminary evidence and finding prima facie case, the accused were summoned under Sections 326, 506 and 34 IPC and charge qua commission of offence punishable under Sections 324 and 506 read with Section 34 IPC was framed to which the accused pleaded not guilty and claimed trial.

(3.) The complainant, in order to prove his case, examined PW1 Ram Asra, PW2 Jaspal Singh, PW3 Dr. Ashwani Kumar, PW4 Parminder Singh, PW5 Dr. Sanjiv Kumar.