HARPREET SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) Accused-respondent Iqbal Singh was acquitted vide judgment dated 16.10.2014 in a criminal complaint filed by the applicant-appellant under Sections 323, 324, 452, 506 and 34 IPC by the Court of Judicial Magistrate, Ist Class, Malerkotla. . The application under Section 378 (4) Cr.P.C. has been filed by the applicant-complainant with a prayer for grant of leave to file an appeal against the judgment of acquittal.

(2.) Complaint was filed by applicant-complainant Harpreet Singh with the allegations that on 12.5.2009 at about 8.00 P.M. he was present in his house. Respondent Iqbal Singh entered the house in drunkard condition along with a stick in his hand and he gave stick blows on the head of complainant. Complainant fell down and thereafter, accused gave stick blows on his right hand and arm, resulting in injury on his middle finger of right hand and right arm. Complainant was rescued by his cousin Krishan Singh and, thereafter, accused Iqbal Singh fled away from the spot by giving threats that he will teach him a lesson on some other day. The motive attributed to accused Iqbal Singh was that he used to misbehave with the sister of the complainant and on being objected, he was keeping grudge against him. The complainant was hospitalised by Krishan Singh, where he was medico legally examined. It has also been alleged by the complainant that when the brother of the complainant, Balvinder Singh, and aforesaid Krishan Singh were on their way to hospital with food of the complainant at about 10.30 P.M., then accused along with Daljit Singh met them and inflicted stick blows on the person of brother of the complainant. He was also saved by Krishan Singh from the clutches of the accused person. Balvinder Singh was also hospitalised and was also medico legally examined.

(3.) Complainant led preliminary evidence and on the basis of which Iqbal Singh-respondent was summoned for having committed an offence under Sections 323, 324, 452 IPC. In pre-charge evidence, complainant examined Dr.Rajesh Garg as CW-1, injured Balwinder Singh as CW-2, complainant himself as CW-3 and Krishan Singh as CW-4. Accused-respondent was accordingly chargesheeted for the offence under Sections 323/ 452 IPC, to which he pleaded not guilty and claimed trial. In after charge evidence, complainant (CW-3) and Krishan (CW- 4 ) were recalled for cross-examination.