JAGROOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGROOP Singh (injured -complainant) has filed this appeal against the judgment dated 23.3.2013, passed by the court of learned Additional Sessions Judge, Moga, whereby while allowing the appeal filed by four accused persons, namely Nek Singh; Sukhdev Singh; Manjit Singh and Bhupinder Singh alias Bhinda (respondents No.2 to 5 herein), the judgment of conviction and the order of sentence dated 9.11.2010, passed by the trial court, has been set aside and all the above named four accused have been acquitted of the charges framed against them, by giving them the benefit of doubt.

(2.) THOUGH there is a delay of 6 days in filing the appeal and the appellant has filed application ( Crl. Misc. No. 35775 of 2013 ) for ass Narotam condoning the delay, yet we have heard learned counsel for the appellant on merits.

(3.) IT is the case of complainant Jagroop Singh (PW.1) that on 10.7.2005 at about 8.30 PM, when he along with Sukhpal Singh (PW.4) was sitting in the courtyard of Sukhpal Singh, accused Sukhdev Singh (neighbourer and brother of Sukhpal Singh) came there with a wire in his hand and tried to put a Kundi connection from the electric wire near the gate of the house of Sukhpal Singh. When complainant Jagroop Singh and Sukhpal Singh desisted accused Sukhdev Singh from doing so, an altercation took place. At that time, accused Nek Singh and Bhupinder Singh alias Bhinda sons of accused Sukhdev Singh came there with Dangs. Thereupon, accused Jita alias Manjit Singh, another son of accused Sukhdev Singh, exhorted that complainant Jagroop Singh who had become sympathiser of Sukhpal Singh be taught a lesson. Thereafter, accused Sukhdev Singh brought a kirpan from his house and gave a kirpan blow on the person of the complainant, which hit on his left hand. Then, accused Nek Singh gave a Dang blow on his head. Complainant fell down on the ground. Thereupon, accused Bhinda alias Bhupinder Singh gave Dang blow on the left shoulder and left thigh of the complainant. When Sukhmander Singh (PW.2) came forward for his rescue, then accused Nek Singh gave Dang blows on his left leg and left arm. On raising hue and cry, all the accused ran away from the spot with their respective weapons.