SURJIT SINGH Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Surjit Singh (complainant) under Section 372 Cr.P.C. against the judgment and order dated 18.9.2013, passed by Additional Sessions Judge, Shaheed Bhagat Singh Nagar, whereby accused Nachhattar Singh was acquitted of the charge framed against him under Section 302 read with Section 148 IPC.

(2.) THE case was registered on the statement of Surjit Singh (complainant), who stated that on 8.9.2003 at about 9:00 PM, he alongwith his son Arundeep Singh alias Deepa was returning from their fields. He was little ahead of his son Deepa. When they reached near Lucky Tent House, 5/6 boys aged about 20 to 30 years came there from the side of Mohan Nagar raising exhortations to the effect that they are not going to spare Deepa today. All the said persons attacked Deepa with their respective weapons, which included sticks and round bats. Deepa fell down. He raised alarm on which the accused fled away. According to the complainant, out of 5/6 assailants, 2 were Rajinder Kumar alias Jinder and Dharam Pal alias Kaka, residents of Ghaa Mandi, Nawanshahr. Dharam Pal alias Kaka had quarreled with the son of the complainant. According to the complainant, his brother Tarsem Singh also came there. They arranged for a vehicle and took Deepa to Civil Hospital, Nawanshahr, but Deepa succumbed to the injuries on way to the hospital.

(3.) IT comes out that during the investigation Nachhattar Singh absconded and was declared proclaimed offender. Remaining accused, namely, Gagandeep Singh, Jagjit Singh, Balwinder Singh, Amandeep Singh, Baljit Singh and Amritpal Singh were tried and acquitted by learned Additional Sessions Judge, Nawanshahr vide judgment dated 24.10.2009 (Ex.D1). Later on, Nachhattar Singh was also apprehended and supplementary challan was presented against him.