CHANCHAL RANI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by complainant-Chanchal Rani challenging the judgment dated 07.02.2014 passed by the Court of Sh. Lalit Kumar Singla, Additional Sessions Judge, Kapurthala vide which respondents No.2 and 3 were acquitted of the charges framed against them under Sections 307, 326, 324, 341, 506 read with Section 34 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell is that on 09.04.2010, complainant Chanchal Rani along with her son Bawa Thakur had gone to bazaar. On the way, Palwinder Singh, the friend of her son met them and accompanied them. When they reached near S.D. Model School, Railway Raod, Sultanpur Lodhi at about 4 pm, there came two motorcycles i.e. one of which Hero Honda Splendor was being driven by Rajdeep Singh @ Gura and Prithi Singh @ Mithu was on its pillion seat while armed with a datar and the second motorcycle Hero Honda Passion was being driven by one Tarlok Singh @ Sabhi and one Lakhwinder Singh @ Lakha who was also holding a datar, was on its pillion seat. They all stopped their motorcycles at once after striking against her son. Further, they started saying that they will teach him a lesson for having a prior quarrel with them. Then assailant Prithi Singh @Mithu gave five datar blows to her son with an intention to kill him which hit him on right side of forehead, neck, chin and mouth. Thereafter, assailant Lakhwinder Singh @ Lakha gave him two datar blows which hit him on right leg. Then assailant Prithi Singh @ Mithu gave him two more datar blows which hit on his right leg. Further another datar blow was given by assailant Lakhwinder Singh @ Lakha on his left arm. Assailant Tarlok Singh @ Sabi and Rajdeep Singh @ Gura also gave him fist blows. Complainant and Palwinder Singh raised an alarm upon which, the above said all the assailants fled away from the spot on their motorcycles along with the weapons. The injured was brought to Civil Hospital, Sultanpur Lodhi, from where, he was referred to Civil Hospital, Kapurthala after providing him first aid. Since the condition of her son was serious, so he was got admitted in Doaba Hospital, Jalandhar. The above said statement of the complainant was recorded by ASI Bhajan Singh on 10.04.2010 at Doaba Hospital, Jalandhar on the basis of which the instant case was registered. Accused Prithi Singh @ Mithu and Rajdeep Singh @ Gura were apprehended in this case and whereas remaining accused Lakhwinder Singh @ Lakha and Tarlok Singh @ Sabi were declared proclaimed offenders. Statements of witnesses were recorded. On the completion of investigation, challan was presented in the Court.

(3.) A prima facie case under Sections 307, 326, 324, 341, 506 read with Section 34 of the Indian Penal Code was found to have been made out against the accused. They were chargesheeted accordingly, to which they pleaded not guilty and claimed the trial.