LAWS(P&H)-2015-7-778

BHUPINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On July 20, 2015
BHUPINDER SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Bhupinder Singh son of Ranjit Singh, who is complainant and injured in FIR No.68 dated 16.05.2011 has preferred the instant appeal impugning the judgment dated 05.02.2015 passed by learned Additional Sessions Judge, Fatehgarh Sahib to the extent of acquittal of respondents No.2 to 4, namely, Hardeep Singh, Darshan Singh and Jatinder Singh of the charges for offences punishable under Sections 307/323/325/341/ 427/506/34 IPC.

(2.) The abovesaid FIR was registered on the basis of statement Ex.PA of complainant Bhupinder Singh, who revealed that he alongwith Sohan Singh, Gurdeep Singh and Gurbaz Singh have jointly purchased land measuring two acres situated in village Kotla Bajwara in December 2010. They have taken possession of the said land and got the same demarcated from the Kanungo. It was found that a rough passage leading from Sirhind-Chunni road to their land was falling in their land. They had affixed identification marks (Burjis). Complainant alongwith Mohan Singh son of Surjit Singh were travelling to village Kotla Bajwara in Mohan Singh's car on 15.05.2011 at about 7.30 p.m. When they reached near the rough passage of their land, accused Harjinder Singh already known to the complainant, alongwith 8/9 unidentified persons besieged their car. Harjinder Singh who was armed with a Gandasi exhorted that the complainant and Mohan Singh be taught a lesson for affixing the identification marks (Burjis). Complainant and Mohan Singh were attacked by all the accused persons. Accused Harjinder Singh rendered a Gandasi blow on Mohan Singh's head, who immediately fell down on the ground and became unconscious. Harjinder Singh thereafter inflicted another Gandasi blow from its reverse side on complainant's head.

(3.) The unidentified persons caused injuries on fingers and right wrist and also caused head injuries on the person of Mohan Singh, who had fallen. They also caused injuries to the complainant specifically on his neck, right ribs, right elbow and wrist. Accused Harjinder Singh snatched a Webley revolver of . 450 bore from the complainant and threatened to kill him. He also uprooted the identification marks affixed on the ground. On raising hue and cry by the complainant, the accused fled from the spot alongwith their respective weapons and revolver of the complainant in a Mahindra Pickup and they left one Innova vehicle at the spot. Medical aid was given to the complainant and Mohan Singh.