DHARAMBIR Vs. JAIBIR & OTHERS

JUDGEMENT

(1.) The present appeal is directed against an order passed by the learned trial Court on 30.03.2013, whereby Jaibir, Mangal, Baljeet & Nafe Singh i.e. respondent Nos.1 to 4 have been acquitted of the charges under Sections 323, 506, 307, 34 IPC.

(2.) The prosecution was launched on the statement of Daya Nand son of Dhoop Singh made to ASI Sadhu Ram on 13.07.2009. In his statement (Ex.PA), Daya Nand stated that yesterday i.e. 12.07.2009 at about 2.00 PM, he alongwith his brother was present in their fields and his uncle Dharambir was ploughing his field with tractor. In respect of the said land, a civil suit is pending against Nafe Singh. He stated that the said land is in the possession of his uncle. In the meanwhile, on hearing noise 'Bachao Bachao', they saw that his uncle Dharambir was running towards them and was being chased by Jaibir armed with Gandasi and Mangal armed with Jelly. Baljeet, Surender and Nafe Singh, all armed with their respective weapons, also reached there. He also gave the description of the different injuries suffered by his uncle Dharambir. On the basis of such statement, an FIR was lodged. After the arrest of the accused and on completion of necessary formalities, they were made to stand trial.

(3.) To prove its case, the prosecution has examined as many as 10 witnesses, which include PW-7 Daya Nand author of FIR and PW-8 Dharambir. All the incriminating circumstances were put to the accused/respondent Nos.1 to 4 while recording their statements under Section 313 Cr.P.C., but they pleaded false implication. However, they examined DW-1 Dr. Yashpal Singh, DW-2 Kulwant and DW-3 Dr. Tarun Sapra in their defence.