BALWANT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present application has been filed under Section 378 (4) of the Code of Criminal Procedure ( for short-Cr.P.C.") seeking leave to file appeal against judgment dated 27.4.2013 passed by the Sessions Judge, Kapurthala whereby respondents No. 2 to 4 have been acquitted of the offence punishable under Sections 436, 427 and 323 of the Indian Penal Code (for short- "IPC") in a private complaint titled "Balwant Singh vs. Avtar Singh and others".

(2.) The facts, in brief, are that the applicant owns agricultural land and other property at village Ranipur, Tehsil Phagwara. Tarlochan Singh and Avtar Singh residents of village Ranipur Kambaon have land adjoining to property of the applicant. On 14.8.2004 at about 11-00 a.m., Avtar Singh and Tarlochan Singh (respondents No. 2 and 3) alongwith Sukhwinder Singh @ Ghugga (respondent No. 4) and Avtar Singh @ Kuki (accused No. 4 therein) came out from car No. PB-09-C-5864. Suraj, Parmodh and Bhajan Yadav @ Kallu (accused Nos. 5 to 7 therein) were already present there and quarreling with the applicant. The accused warned that now their master had come, they will teach him (the applicant) a lesson. Tarlochan Singh started abusing the applicant. Avtar Singh caught hold of him from his hair and Suraj caught him from his arms. Tarlochan Singh gave a gandasi blow which hit on left side of his fore head. Avtar Singh gave fist blow on his right eye brow. The applicant fell down and Avtar Singh gave a gandasi blow over his left thigh. Balwant Kaur (sister of the applicant) fell upon him to save him from the accused. Tarlochan Singh raised a lalkara to bring kerosene oil from the car which was brought by accused Avtar Singh @ Kuki. Suraj poured oil over the shed and Parmod lit the fire. Avtar Singh, Tarlochan Singh and Bhajan Yadav @ Kallu caught hold the applicant from his legs and arms and were going to throw him in the fire but his sister raised raula 'bachao' bachao'. Ashok Kumar and Darshan Kaur came at the spot. Sukhwinder Singh @ Satwinder Singh (respondent No. 4) raised a lalkara "be quick and throw him in the fire". Thereafter, the accused started damaging the lights of the tractor and ran towards their land while raising lalkara to teach a lesson to the applicant on the next day. The applicant was brought to Civil Hospital, Phagwara and was medically examined.

(3.) After recording preliminary evidence, all the accused were summoned to face trial for offence punishable under Sections 323, 436 and 427 read with Section 120-B IPC. Avtar Singh, Tarlochan Singh and Sukhwinder Singh @ Satwinder Singh appeared in pursuance of the process issued by the court but the remaining accused were declared as proclaimed persons. The case was committed to the Court of Sessions as offence under Section 436 IPC is triable exclusively by the said Court.