HARKIRAT SINGH Vs. HARPREET SINGH AND OTHERS

JUDGEMENT

(1.) Accused Harpreet Singh, Harmail Singh and Parvinder Singh, who are respondents No. 1 to 3 herein, were tried for committing offences punishable under Sections 307/325/323/427/ 34 IPC. Vide judgment and order dated 21/22.11.2016, learned Additional Sessions Judge, Sangrur acquitted Harmail Sigh and Parvinder Singh of all the charges against them. Harpreet Singh was acquitted of the charge under Section 307 IPC and in its place, convicted and sentenced under Section 308 IPC. He was also held guilty under Sections 325, 323 and 427 IPC.

(2.) Aggrieved of the acquittal of Harmail Singh and Parvinder Singh of all the charges against them, victim Harkirat Singh has filed the present application under Section 378 Cr.P.C., 1973 for grant of leave to appeal. He has also challenged the acquittal of Harpreet Singh under Section 307 IPC, besides enhancing his sentence.

(3.) According to the prosecution, on 5.6.2013 victim Harkirat Singh and his daughter Harleen Kaur was going to Malerkotla on his motorcycle bearing No.PB-13E-1589 for her tuition. At about 8.45/9.00 a.m. when they reached near village Ahankherri, then from the opposite side, one Indica car bearing No.DL-8CM-0912 came. It was being driven by Harpreet Singh whereas his father Harmail Singh was sitting on the adjoining seat. There was one unknown person sitting on the rear seat of the car. When the car came near the victim, Harmail Singh exhorted Harpreet Singh to dash his car against the motorcycle of the victim. Harpreet Singh struck his car with the motorcycle. By that time the victim had taken front wheel of his motorcycle to the berm area. On account of the impact, the victim and his daughter along with the motorcycle fell in the ditches. Harpreet Singh stopped the car, gave a glance and fled away with the car towards Faridpur. Meanwhile, Rajinder Singh came at the spot. The daughter of the victim called Manjit Singh, Sarpanch on telephone to the spot. Both, Harkirat Singh and his daughter Harleen Kaur had suffered injuries on account of Harpreet Singh accused dashing his car against the motorcycle of the victim and this act was done by him with an intent to murder them.