CONSTABLE BOHAR SINGH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) BY way of this order, I shall dispose of CRR -3948 -2013 "Bohar Singh Vs. Shamsher Singh and another" and CRR -72 -2014 "Ajaib Singh Vs. Shamsher Singh and another" as these have arisen out of the same judgment dated 03.12.2013 passed by the Additional Sessions Judge, Sri Muktsar Sahib and identical questions of law and facts being involved for adjudication. For the sake of convenience, facts are taken from CRR -3948 - 2013.

(2.) SHAMSHER Singh complainant (respondent) initiated the criminal proceedings against Constable Bohar Singh, Head Constable Ajaib Singh, Head Constable Satpal Singh (since deceased) and ASI Hukam Chand by filing a criminal complaint for offence punishable under Sections 323, 324, 342, 427, 506 read with Section 34 of the Indian Penal Code (in short 'IPC'). It was alleged that the complainant is a taxi driver by profession and resident of Bhullar Colony Sri Muktsar Sahib. He along with his brother Gurjit Singh owns two cars, indica bearing registration No.DL3CP -7256 and second bearing No.PB10 -AL -4142. On 23.02.2006, the complainant came back from Amritsar after dropping the passengers, Ajaib Singh Head Constable, Bohar Singh Constable and Satpal Singh Head Constable came at Malout road, Ajmer Palace and directed him (complainant) to take them to Ferozepur but the complainant said that he was tired as he had come back after dropping the passengers. The aforesaid persons threatened him that they would see how he would not take them to Ferozepur and started calling bad names and used filthy language. They gave merciless beatings to the complainant. He suffered injuries on his arms, back of chest, wrist, finger and blood started oozing from his eyebrows. On his rising commotion "Mar Dita Mar Dita", Gurjit Singh and Gurbachan Singh separated them. After 10/15 minutes, one police Zipsy came on the spot and took the complainant and Gurjit Singh to City Police Station Sri Muktsar Sahib. The two cars belonging to the complainant and his brother were also taken along with and both the brothers were given beatings. Jaswinder Singh his father came to the police station and pleaded for releasing his sons but to no result. Father of the complainant moved an application on 24.02.2006 to the Chairman, Human Rights Commission, Chandigarh. In the Police Station, ASI Hukam Chand called bad names to the members of the Panchayat who approached him for release of the complainant and his brother and also gave beatings to both the brothers. The Indica Car was badly damaged by the accused. One gold ring of three grams, Rs.700/ - from the pocket of the complainant and Rs.450/ - from the pocket of his brother were taken but not shown in the recovery memo.

(3.) THE learned trial Court, on appreciation of evidence, adduced by the complainant after securing presence of the accused, consisting of examination of Dr. Sulekha, Medical Officer, Civil Hospital, Sri Muktsar Sahib, Bakshish Singh, Jaswinder Singh, Gurbachan Singh, Manjit Singh and the complainant himself held the accused guilty of committing offence punishable under Sections 342, 324, 323, 427, 506, 34 IPC and accordingly they were sentenced for the said offences. The appeal preferred by the petitioners against their conviction and sentence by the learned trial Court was partly allowed and their conviction and sentence under Sections 342, 323 and 506 IPC was affirmed whereas conviction and sentence for offence under Section 324 IPC was set aside.