RAMBIR SINGH Vs. DALJIT SINGH AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment dated 1.10.2014 passed by the learned Sessions Judge, Jhajjar, whereby the impugned judgment of acquittal dated 3.12.2013 passed by the learned Additional Chief Judicial Magistrate, Jhajjar, acquitting the respondents herein, was upheld, complainant has approached this Court by way of instant criminal revision petition. Brief facts of the case, as recorded by the learned Sessions Judge in para 2 to 6 of the impugned judgment, are that on 29.4.2004, complainant filed the complaint in the Court of Chief Judicial Magistrate, Jhajjar, who on 7.5.2004 exercising his power under Section 156 (3) of the Code of Criminal Procedure ('Cr.P.C.' for short), sent the same to the SHO, Police Station, Jhajjar for investigation. On the basis of complaint, on 7.8.2004 SHO registered an FIR (Ex.PW-4/A). Petitioner, in his complaint (EX.PW/3-B) alleged that in the year 2001-2002, he was posted as a regular Lecturer in Government Polytechnic, Narnaul, whereas accused namely Daljit was posted as Ad hoc Lecturer in the said college and was occupying the government quarters. As the petitioner was senior to accused Daljit, the latter had to vacate the government quarter which had been allotted to him. Accused Daljit had delivered the possession of the quarter to the petitioner after a lot of resistance and also challenged the allotment in his favour in the Hon'ble High Court. Accordingly, accused-Daljit got annoyed with the petitioner and had threatened him with due consequences. Petitioner had also made a complaint in writing to the Principal of Government Polytechnic, Narnaul. Later on, he was transferred to Government Polytechnic, Jhajjar. In the meantime, accused-Daljit also came to be transferred to the said College. Accused-Daljit, in connivance with his friend Dharambir who was also posted as a Lecturer in the said college, started misbehaving with the petitioner on one pretext or the other. On 1.3.2004, the Principal of the College called the petitioner to his office and at about 12:45 P.M., when he came out of the office of Principal, Daljit and Dharambir started beating him. Accused Daljit picked up a chair and caused injuries to him with it. The chair struck his left shoulder resulting the dislocation of his left shoulder. Accused also gave him fist blows. Satyawan-PW5 rescued him.

(2.) Accused-Daljit also threatened to eliminate him. He got himself examined at Civil Hospital, Jhajjar, from where he was referred to PGIMS, Rohtak, where he was subjected to radiological examination which confirmed the dislocation of his left shoulder. On 2.3.2004 at about 7:00 P.M., police officials of Police Post City, Jhajjar, recorded his statement on the basis of which they registered a DDR. However, the police, under the pressure of the accused did not register the FIR, instead the police initiated the proceedings under Sections, 107/151 Cr.P.C. against the accused. On 12.3.2004, petitioner sent a complaint through registered post to the Superintendent of Police, Jhajjar. However, the police did not take any action. Having been left with no other option, complainant moved the complaint before the court.

(3.) The police carried out the investigation and filed the challan in the court of learned ACJM, Jhajjar, who charged the accused under Sections 323/325/506 read with Section 34 of the Indian Penal Code ('IPC' for short) and tried them. As mentioned above, vide impugned judgment, the ACJM, Jhajjar, acquitted the accused. Aggrieved by the judgment of acquittal, petitioner filed his appeal. At the trial, prosecution examined Dr. Bijender as PW-1, Dr. Jitender as PW2, Rambir as PW3, ASI Attar Singh as PW4, Satyawan as PW5, SI Rajender Singh as PW6 and SI Krishan Kumar as PW7.