MEHAR SINGH Vs. HAKAM SINGH

JUDGEMENT

(1.) THIS is a revision petition filed by Mehar Singh directed against the judgment passed by the learned Additional Sessions Judge, Patiala, dated 18.1.1993. By virtue of the impugned judgment, the learned trial Court acquitted Hakam Singh and Jarnail Singh, accused, by giving them the benefit of doubt.

(2.) THE relevant facts giving rise to the present petition are that on 3.1.1991 Karnail Singh son of Mehar Singh, petitioner, was beaten by the daughters of Hakam Singh, accused-respondent. Mehar Singh was present at his house. He was thinking for lodging protest to the respondents including Hakam Singh. He was talking with Gurdip Singh son of Kartar Singh and Paramjit Singh son of Samar Singh about the act of the daughters of Hakam Singh. In the meantime, Hakam Singh armed with double barrel .12 bore gun and his son Jarnail Singh armed with a stick came on the roof of their house and started throwing brick-bats towards them. Mehar Singh and Gurdip Singh had gone towards the roof. Hakam Singh fired two shots towards Mehar Singh. The pellets had hit him under the right eye and the head. He raised an alarm. Paramjit Singh and Gurdip Singh also came there. Hakam Singh and Jarnail Singh had gone towards their house. The pellets had even hit Gurnam Singh son of Gurmukh Singh.

(3.) THE learned trial Court, on appraisal of the evidence, concluded that Mehar Singh was the author of the First Information Report, but he has dis- owned his statement. Gurdip Singh was not examined. The learned trial Court did not believe the statement of Paramjit Singh and accordingly gave the benefit of doubt of the respondent-accused.