PREM SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the present revision petition against order dated 20.4.2013 passed by learned Additional Sessions Judge, Sangrur, affirming the judgment dated 21.3.2012 passed by Judicial Magistrate Ist Class, Malerkotla, whereby the respondents No. 2 to 3 have been acquitted of the charges under Section 341, 323, 325, 34 IPC in FIR No. 42 dated 9.6.2007 registered at Police Station Amargarh.

(2.) BRIEFLY stated, FIR No. 42 dated 9.6.2007 under Section 341, 323, 325, 34 IPC was registered against the accused -respondents at the instance of petitioner Prem Singh (injured) son of Balwant Singh, resident of Village Badeshe, Distt. Sangrur registered at Police Station Amargarh. As per the prosecution story, on receipt of telephonic message, HC Pradeep Singh along with other police officials visited PHC Amargarh for recording the statement of the injured. However, the concerned doctor declared the injured unfit for making the statement. Thereafter, ASI Pritpal Singh along with other police officials was sent to PHC Amargarh and on declaration of the injured to be fit to make statement by the concerned doctor, statement of injured -complainant Prem Singh was recorded. As per the statement so recorded, the complainant Prem Singh stated that on 8.6.2007 at about 11 -30 AM, when he was going on his motorcycle towards his fields and reached on the road where the motor of Shamsher Singh is installed, the accused Shamsher Singh armed with Salang [instrument used in the work of settling trumpet (tureeh)] and his sons Ranjodh Singh @ Sikkander Singh having knife and his younger son Abhijeet Singh having danda, suddenly came out from the motor and encircled the complainant. Shamsher Singh raised lalkara that the complainant (Prem Singh) has met alone and he should not be spared and attacked him with a slang which hit him in the back. In the meantime, accused Abheyjit Singh attacked with danda on his chest and stomach, whereas accused Ranjodh Singh @ Sikander Singh gave blow of handle of knife on his lips. The complainant raised raula 'marta marta'. On hearing his voice, the son of the complainant namely Mahinder Singh who was working in the nearby fields and Didar Singh who was grazing buffaloes, came there and rescued him from the accused. Had he not been rescued by the aforesaid persons, the accused would have given more injuries.

(3.) THE prosecution has examined as many as six witnesses including PW -1 Maninder Singh, PW2 Prem Singh, complainant, PW -3 Prabhjot Singh, PW -4 Dr. Sheetal Jain, PW -5 ASI Pritpal Singh and PW -6 Dr. Arun Nagar and thereafter, prosecution evidence was closed.