SHEKH RAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present criminal revision petition, at the instance of complainant, is directed against the impugned judgment dated 06.05.2014 passed by learned Sessions Judge, Pathankot, whereby appeal of the accused-respondents, against the judgment of conviction dated 19.11.2011 passed by learned Sub Divisional Judicial Magistrate, Pathankot, was allowed and conviction of the accusedrespondents, was set aside.

(2.) Brief facts of the case, as noticed by the learned trial Court in para 2 of his impugned judgment, are that on 02.12.2001 MLR No.190/VK/Gsp pertaining to Janak Raj and MLR No.182/AHR/Gsp/2001 dated 02.12.2001 pertaining to Shekh Ram were received at the police station, which were handed over to ASI, who along with other police officials reached Civil Hospital, Gurdaspur, where Ward Incharge reported that the patient was not present on his bed. Again on 08.12.2001, ASI Updesh Rai reached Civil Hospital and got recorded the statement of Shekh Ram to the effect that he was resident of Dhollowal and was an agriculturist. On 01.12.2001, his brother Janak Raj was beaten up and thereafter they went to the police station, where both the parties were directed to appear on the next day. On 02.12.2001 at about 6.30 AM, he was going to the house of the respectables for requesting them to accompany him to the police station, and when he reached near the house of Godawari Devi at about 07.00 AM, Shamsher Singh, Narinder Singh, Surinder Kumar @ Shinda sons of Harbans Lal, Balbir Singh and Godawari Devi came out from their houses and circled around him and stopped his bicycle. Shamsher Singh gave Gandassi blow which struck above his left wrist. Thereafter Balbir Singh gave dang blow which struck on the right leg below the knee. Thereafter Narinder Singh and Surinder Kumar raised Lalkara. Then Narinder Singh gave dang blow which struck on his back. Another blow struck on his right shoulder.

(3.) Third blow struck on his left arm. Another blow struck on his chest. Surinder Kumar gave dang blow which struck on his left leg. Godawari Devi also gave blows which struck on his face. Thereafter, they took away his clothes, watch, golden ring weighing 1 1/2 tolas. Occurrence was witnesses by Seeta Devi, Deepa and Banarsi Dass. Thereafter, he went to his house, from where his son Jagjit Singh took him to Civil Hospital, Gurdaspur. Action be taken. Case was registered. Investigation was conducted. Statements of the witnesses were recorded. Accused were arrested. After completition of necessary formalities, challan against the accused was presented in the Court.