MANJEET SINGH Vs. JAGWINDER SINGH @ RAJU AND ORS.

JUDGEMENT

(1.) Aggrieved by the acquittal of accused-respondents No.1 to 7 under Sections 148, 323, 307, 427 and 506 IPC, accused-respondent No.1 Jagwinder Singh @ Raju under Section 25 of the Arms Act, respondent No.1 accused Jagwinder Singh @ Raju and 7th respondent-accused Amritpal Singh under Section 336 read with Section 149 IPC, the complainant has filed the present application under Section 378(4) Cr.P.C. seeking leave to file an appeal.

(2.) It is the case of the prosecution that on 8.11.2010 at about 9.30 a.m., when PW1 Manjeet Singh, who was the complainant, was standing along with his aunt Surinder Kaur and Surinder Singh outside his house near his gate, accused Kamaljit Singh and Jagveer Singh armed with gandasis, accused Raju and Amritpal Singh armed with rifle, accused Harnek Singh and Sikander Singh armed with baseball bats and accused Hari Singh armed with kirpan, came along with 10 unidentified persons in front of the gate of his house. Accused Harnek Singh and Hari Singh raised a lalkara that Manjeet should not be allowed to go scot-free. PW1 Manjeet Singh tried to lock the door. Accused Sikander Singh gave a baseball bat blow with an intention to kill PW1 which landed on his left shoulder. Accused Amritpal Singh fired a shot from his rifle on the gate of his house. Raju fired a shot from his rifle which hit on the wall of the house. The other assailants gave kirpan, dang and gandasi blows on the gate of the house. Thereafter, all the accused fled away from the spot with their respective weapons as the complainant party raised raula.

(3.) Apart from the above, PW1 Manjeet, the prosecution examined PW2 Surinder Kaur who was also an eye witness to the occurrence, PW4 ASI Hakam Singh who registered the case and conducted part of the investigation and PW3 ASI Balwinder Singh who conducted the remaining part of the investigation.