GURJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 17/3/2009, passed by learned Additional Sessions Judge, Barnala, whereby the respondents were ordered to be acquitted. The learned trial Court held that the prosecution had failed to establish the guilt of the accused, as per the demanding degree of proof and in view of the flaws pointed out by the defence, serious doubts were raised about the truthfulness of the prosecution case.

(2.) The brief facts of the prosecution are that the FIR in the instant case was got registered by Gurjeet Singh, injured. He stated that at about 9.00 p.m. on 2/8/2006, he was returning to his house from his fields and reached near bus stand Thuliwal, at that time Karnail Singh S/o Randhir Singh, accused armed with a gandasa, Gurcharan Singh S/o Inder Singh, accused armed with kulhari (axe), Kala Singh S/o Nachhatar Singh, accused armed with 12 bore rifle, Makhan Singh S/o Gurdev Singh, accused armed with a gandasi and Kala Singh S/o Maghar Singh, accused armed with a gandasi, all residents of village Thuliwal alongwith two unknown persons came and encircled the complainant. Gurcharan Singh, accused gave a blow with kulhari (axe) on the right side of his head, whereas, Karnail Singh also gave a blow in the middle of his head with a gandasi. Makhan Singh, accused had given a blow on the left hand near his thumb with a gandasi and on this, Gurjeet Singh injured had fallen on the ground and had raised the alarm to save him. Several persons had collected there. The accused exhorted that they would see Sammi also and had fled from the spot. When he reached hospital, he (complainant) came to know that the aforesaid assailants had also gone to the house of Sammi and caused injuries to his wife Sukhvinder Kaur also. The complainant was shifted to the hospital and he was under treatment for the injuries suffered by him in the said occurrence. He further stated that the motive of occurrence was that there was factionalism in the village between the supporters of the Congress and Akali party and due to this, the assailants had caused injuries to them.

(3.) The investigation was conducted by the police and all the accused were arrested by the police except Makhan Singh, who was found innocent. After presentation of challan, the case was committed to the Court of Sessions by the learned Illaqa Magistrate. After hearing both the sides, learned trial Court came to the conclusion that prima facie a case under Ss. 148, 308, 452, 506 of IPC was made out against the accused and they were charge-sheeted accordingly. The accused pleaded not guilty to the said charge and claimed trial.