MOHINDER KAUR Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) CRIMINAL Misc. No.50614 of 2013 Prayer in this application is to condone delay of 37 days in filing the appeal.

(2.) FOR reasons stated in the application and the arguments addressed by counsel for the appellant, the application is allowed and delay of 37 days in filing the appeal is condoned. Criminal Appeal No.D -1562 -DB of 2013 The appellant challenges the acquittal of the respondents by judgment dated 12.07.2013, passed by the Additional Sessions Judge, Patiala, in case FIR No.600, dated 22.12.2010, registered under Sections 307/336/341/323/506/148/149 of the Indian Penal Code and Section 27 of the Arms Act, at Police Station Sadar Patiala, District Patiala.

(3.) COUNSEL for the appellant submits that prosecution witnesses have clearly deposed that they were beaten with sticks and were given fist blows and Mukhtiar Singh raised a lalkara and fired from his 12 bore double barrel gun. The order acquitting the respondents is contrary to the evidence on record. It is further submitted that findings that the medical evidence does not reveal any injury or is contrary to the ocular version, is factually incorrect. A perusal of the injuries recorded in the medico legal report clearly reveal that injuries noticed by the doctor are in accordance with the deposition of eye witnesses. The discrepancies pointed out by the trial court are natural in an honest deposition. The mere fact that the police could not recover pellets, cartridges or bullets from the place of occurrence and did not obtain a report from the forensic science laboratory whether the 12 bore double barrel gun belonging to Mukhtiar Singh was fired, are errors committed by an inefficient prosecution that have been unnecessarily relied by the trial court.