DEV INDER SINGH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) DEV Inder Singh (PW.3 -injured) has filed this appeal against the judgment dated 26.2.2013 passed by the court of learned Additional Sessions Judge, Ludhiana, whereby Paramjit Singh son of Gurmukh Singh, Paramjit Singh son of Sewal Singh, Palwinder Singh son of Sewal Singh and Rachhpal Singh son of Subeg Singh (respondents herein) have been acquitted of the charges framed against them under Sections 307, 326, 324, 323, 341, 506 and 382 read with Section 34 IPC.

(2.) THE prosecution case is based upon the statement of Sandeep Singh (PW.2), who is stated to have been working as Supervisor with one Balbir Singh, contractor of a mining Company. According to him, on 10.4.2007 at about 6.00 PM, he along with his employer Balbir Singh, Dev Inder Singh (appellant -PW.3), Harjit Singh and Sarabjit Singh was present in the area of village Rasulpur. One Surjit Singh, who was employed by Balbir Singh contractor, was also present there and he was issuing royalty slips to the persons, who were bringing sand from mine on tractor trolleys. Then, Pamma, Lopa, Bachittar Singh and Kulwinder Singh came there with their tractor trolleys loaded with sand. Surjit Singh asked them to pay the royalty but they refused to make the payment. Then those persons called other persons on mobile phone. After some time, 20 -25 persons reached there on jeep, motor cycles and TATA -407. They were carrying with them 'dangs', 'kirpans' and 'gandasas'. Pamma took out a 'dang' from his tractor and gave a blow on the head of Dev Inder Singh, due to which he fell down. While Dev Inder Singh was lying, other persons inflicted 'dang' blows on his person. The complainant along with Sarabjit Singh came forward to rescue him. They also raised hue and cry, upon which Bachittar Singh, Kulwinder Singh and other persons gave 'dang' blows on their persons. The complainant and other persons tried to run away under fear, but the accused encircled them and gave more 'dang' blows and also threatened to kill them. When the complainant party raised hue and cry, all the assailants ran away with their respective tractor -trolleys having sand. The motive for the said quarrel was that the accused were taking sand from the mine without making payment of royalty, as the complainant party was demanding royalty because they had to pay Rs. 1,57,00,000/ - annually to the Department of Industry, Punjab. Dev Inder Singh and Sarabjit Singh were taken to Civil Hospital, Ludhiana, from where Sarabjit Singh was taken to CMC Hospital, Ludhiana. However, the complainant was discharged from the Hospital after giving him first aid. Accused were arrested and joined in the investigation.

(3.) AFTER completing investigation, challan was filed and charges for the offences under Sections 307, 326, 324, 323, 341, 506 and 382 read with Section 34 IPC were framed against them, to which they did not plead guilty and claimed trial.