RATTAN LAL Vs. SURENDER AND OTHERS

JUDGEMENT

(1.) There was a delay of 65 days in filing the present appeal. Alongwith the appeal, this application under Section 5 of the Limitation Act for condonation of delay was filed by the appellant.

(2.) The complaint filed by the appellant consisted of allegations that he had a share in his ancestral house situated in village Surani and he also owned another house in the same village which was his self acquired property. Since respondents Surender Singh and others (arrayed as accused in the complaint) intended to grab his property, he filed a civil suit for partition. On 27.11.2008 at about 12:30 p.m. when he (complainant) after attending proceedings in a criminal complaint filed by him against Surender and his wife Smt. Sangeeta (respondents No.1 and 2) was going towards a tea shop within the court premises, the respondents nabbed him and asked him to withdraw the complaint and the civil suit. They threatened to kill him if he did not concede to their wish. As he refused to accept their demand, Surender gave a leg blow in his stomach, Sangeeta hit him with a stone on his back, Babu Lal (respondent No.3) inflicted leg blow on his private part, Smt. Badami (respondent No.4) gave repeated blows with a danda on his hand and Ram Pratap (respondent No.5) inflicted fist blows upon him. Several persons gathered at the spot and rescued him from the clutches of the respondents.

(3.) On the basis of the preliminary evidence led by the appellant, the respondents were summoned for commission of offence under Sections 323/500/506 read with Section 34 of of the Indian Penal Code (for short "I.P.C."). After appearance of the respondents, the appellant adduced precharge evidence in which he himself stepped into the witness box and reiterated his allegations.