AVTAR SINGH Vs. JAGIR SINGH AND ANOTHER

JUDGEMENT

(1.) Respondents Jagir Singh and Maya Kaur faced trial for the offences punishable under Sections 326, 324, 452 of Indian Penal Code (for short 'IPC') and were acquitted by the trial Court. The appeal filed by the State met with no success and was dismissed by Additional Sessions Judge, Patiala vide judgment dated 23.08.2012. Brief Facts:

(2.) On the statement of petitioner Avtar Singh, FIR No.97 dated 16.11.2003 was registered at Police Station, Banur. As per the allegations levelled in the complaint (Ex.PW4/C) to the police, the petitioner had stated that on 16.11.2003 at about 6.00 AM, he was brushing his teeth, when respondent Jagir Singh armed with Kirpan and his wife Maya Kaur armed with a knife intruded his house after scaling the wall. Jagir Singh raised lalkara to finish the petitioner for pursuing the case of his mother and gave a Kirpan blow, the petitioner immediately went backward to save himself and the blow hit the thumb of his left foot. Maya Kaur gave a knife blow towards the face of the petitioner which he took on his left hand. Jagir Singh gave another Kirpan blow which the petitioner avoided by going backward but it hit the thumb of the right foot. Maya Kaur gave a knife blow on the left side of chest of petitioner and the other blow on the right leg. The petitioner raised roula which attracted his wife Paramjit Kaur and mother Puran Kaur who also raised roula attracting Gajja Singh, Lal Singh and Sucha Singh to the spot. The respondents on seeing them, ran away from the spot after scaling the wall of house of the petitioner.

(3.) The injuries received by the petitioner find mentioned in para No.17 of the trial Court judgment as follows:- <FRM>JUDGEMENT_922_LAWS(P&H)7_2014_1.html</FRM>