MANGE RAM Vs. AJAY SINGH

JUDGEMENT

(1.) Vide this judgement, this Court shall dispose of application under Sec. 378(4) of the Code of Criminal Procedure read with Sec. 482 Cr.P.C. preferred by Mange Ram seeking special leave to appeal against the judgment of acquittal dated February 01, 2013 passed by Judicial Magistrate Ist Class, Charkhi Dadri, District Bhiwani, in criminal complaint No. 630 -C1 -RBT of 2007/2010, dated 14.02.2007/05.10.2010, captioned as "Mange Ram v/s. Ajay Singh", under Ss. 323, 506, 458 and 452 IPC.

(2.) The facts giving rise to the instant lis are that Mange Ram -applicant -complainant preferred a complaint fully reflected in para No. 1 of this judgment, on the allegation that on November 05, 2006 at about 9:00/10:00 P.M., he along with his son was present in his plot and was about to sleep. Ajay Singh accompanied by 2/3 other persons barged into his plot and twisted the hand of his son. He also dealt FAWARA blow on the back of his son -Bhupinder Singh. At the time, he also extended threats to kill him as well as his son, in case, civil suits filed against him and his family members were not withdrawn. When hue and cry was raised, respondent -accused slipped away from the spot. On the next day, complainant got medico legally examined his son -Bhupinder Singh and also reported the matter, but no action was taken by the police. Thus, he was constrained to lodged complaint in the Court of ld. Jurisdictional Magistrate.

(3.) On the strength of preliminary evidence adduced by complainant -applicant, respondent -accused was summoned to face trial under Ss. 323, 452 and 506 IPC and after securing his presence, complaint was listed for pre -charge evidence, during which, complainant examined C. Anup Singh as CW -1, who proved copy of DDR dated November 06, 2006 (Ex. CW1/A). Bhupinder Singh, injured appeared in the witness -box as CW -2 and reiterated the contents of complaint. Complainant also examined Dr. S.C. Gupta, SMO, who had medico legally examined Bhupinder Singh. He proved the copy of MLR (Ex. CW3/1). Beside this, complainant himself appeared in the witness -box as CW -4 and placed reliance on the complaint.