AMAR SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 08.05.2013 passed by learned Sub Divisional Judicial Magistrate, Dhuri whereby learned Sub Divisional Judicial Magistrate, Dhuri has acquitted the accused -respondents.

(2.) BRIEF facts of the case are that a complaint was filed by the complainant against the accused under Sections 323, 295 -A, 452, 341, 506 and 34 IPC on 14.09.2010 in which the complainant has averred that he is an Amritdhari Singh and the accused are related to each other accused No. 2 is the wife and accused No. 3 is the son of accused No. 1. Complainant further averred that on 03.09.2010 at about 3.45 p.m., he was present in his Moduwala field and irrigating his agricultural property from his motor connection, where accused came on motorcycle. Complainant further averred that the accused started asking to give water from his motor for irrigation of their property, but that the complainant showed his inability, at which they became angry. Complainant further averred that accused No. 3 Gagandeep Singh who was armed with a kahi carved out a water course towards his fields with the kahi, at which the complainant reached the motor room to switch off the electric motor. Complainant further averred that accused No. 2 raised lalkara at which accused No. 1 Gurmail Singh armed with a soti entered into the motor room and caught the complainant from his beard and tried to pull out the complainant from the motor room and gave kick blows in the stomach of the complainant. Complainant further averred that accused No. 1 then pulled out the complainant from the motor room and that accused Gagandeep Singh then gave kahi blows to the complainant, who tried to save himself and that the kahi hit him between the little finger and ring finger of the right hand. Complainant further averred that accused Gurmail Singh then gave soti blows to the right side of the head of the complainant and the left thigh of the complainant. Complainant further averred that accused No. 2 encouraged the accused No. 1 and 3 to kill the complainant. Complainant further averred that accused No. 1 and 3 pushed the complainant in the water course and removed the Gatra and crushed the same with their feet and used filthy words for it and also pulled out the hair from the beard of the complainant. Complainant further averred that he then raised alarm and that in the mean while Pritam Singh, Bura Singh came at the spot and saw the occurrence and rescued the complainant and that Sukhpal Sigh then took the complainant to Dhuri to get him medico legally examined. Complainant further averred that the motive behind the attack was the accused demanded water to irrigate their agricultural land from the complainant to which the complainant did not agree. Complainant further averred that the police came to the hospital but his statement was not recorded and rather a clandra u/s. 107/151 Cr.P.C. was presented and hence the instant complaint.

(3.) THE complainant, in order to prove its case, examined Jagdev Sharma, Draftsman as CW 1, Dr. Narinder Kumar as CW 2. Complainant himself stepped into the witness box as CW 3 and examined Pritam Singh as CW 4, Vinod Kumar as CW 5, Sukhpal Singh as CW 6 and AMHC Sarbjit Singh as CW 7.