PREM SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Respondents No. 2 to 7 had faced trial in a complaint filed by the applicant under Section 323, 325, 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short). Case of the applicant-complainant was that on 17.9.2006, he had gone to the funeral ground for taking a bath and he noticed that accused Bhuri, Kallu, Girraj, Madan and Sunder were abusing his brother Raju. When the applicant objected, accused got angry and accused Bhuri gave a lathi blow on the face of the applicant whereas accused Sunder gave a lathi blow on the left knee of the applicant. Madan gave punch and kick blows to the applicant and his brother Raju. Kallu gave an iron punch on the teeth of the applicant. Accused Girraj gave a lathi blow on the right ankle and jaw of the applicant. Accused Ramesh gave a lathi blow on the forehead of the complainant. All the accused gave kick blows and punches to Raju. On an alarm raised by the applicant, Kallu and Daya Ram rescued them. DDR No. 3 was recorded in Police Station Hodal on 17.9.2006 itself. X-ray examination of the complainant was conducted on 18.9.2006.

(2.) In after charge evidence, applicant appeared himself in the witness box as PW-1 and did not examine any other witness. The Trial Court vide impugned order dated 30.5.2014 ordered the acquittal of respondents No. 2 to 7. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 praying for leave to appeal by the complainant-applicant. Learned counsel for the applicant has submitted that the Trial Court has erred in ordering the acquittal of respondents No. 2 to 7 as the applicant had been successful in proving his case.

(3.) The Trial Court while ordering the acquittal of respondents No. 2 to 7, has held as under:-