GURDIAL SINGH Vs. PIARA SINGH 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 24.09.2013 passed by learned Judicial Magistrate Ist Class, Phillaur whereby complaint filed by applicant/complainant (hereinafter referred to as 'complainant') under Sections 452, 427, 323, 326, 148, 149 of the Indian Penal Code has been dismissed and respondents -accused (hereinafter referred to as 'accused') have been acquitted of the charge framed against them.

(2.) BRIEF facts of the case are that a complaint was filed by the complainant under Sections 452, 427, 323, 326, 148, 149 of the Indian Penal Code alleging that on 02.02.2008 at about 12.30 p.m. the complainant was present in his house. All the accused criminally trespassed into his house with deadly weapons in order to cause injuries on his person and to cause loss to the property of the complainant. At that time, Dilbag Singh armed with Kirpan, accused Rachhpal Singh and Balkar Singh armed with Gandasi and accused Malkiat Singh armed with dang, raised lalkara that complainant should be taught a lesson for not delivering the possession of property. With this accused Dilbag Singh gave a Kirpan blow on the person of complainant which hit on right hand thumb on proximal phalanx on anterior lateral side. Accused Rachhpal Singh gave gandasi blow from its reverse side on the person of complainant which hit on the back lower side of complainant. Accused Malkiat Singh gave dang blow on the person of complainant which hit on the left shoulder joint. Accused Balkar Singh broke house hold articles lying in the house of complainant and caused loss to the tune of more than Rs. 10,000/ -. It has been further averred that on raising raula by the complainant, Santokh Singh and Jaswinder Singh came there and saved the complainant from the clutches of accused. All the accused ran away after committing the offence. Thereafter the complainant was got admitted in Primary Health Centre, Jandiala where he was medico legally examined. Complainant approached the police station concerned for taking action against the above named accused but no action was taken by the police against the accused. Hence, the present complaint was filed.

(3.) ON the basis of preliminary evidence, accused were ordered to be summoned to face trial for the commission of offences punishable under Sections 452, 427, 323, 326, 148, 149 of the Indian Penal Code.