BALBIR SINGH BRAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Crl. Misc. Petition filed under S. 482, Cr. P.C. by the petitioner (Shri Balbir Singh Brar, Deputy District Attorney-cum-Additional Public Prosecutor, Patiala) whereby he has prayed for the expunction of the remarks made against him by Shri R. L. Anand, Sessions Judge, Patiala in the order dated 7-6-1995 Annexure P1 passed by him in Sessions Case No. 74T of 19-12-1994 decided on 22-8-1995 titled State v. Amar Nath son of Mukandi Lal Bansal and others". Case FIR No. 12 of 28-1-1992 under Ss. 324, 307, 323, 380/34, IPC of P.S. City Rajpura.

(2.) Facts which have given rise to this Criminal Miscellaneous petition filed by Shri Balbir Singh Brar are as follows :-Vijay Kumar Modi son of Amar Nath Modi was married to Smt. Neena daughter of Amar Nath Bansal, Advocate-accused. Unfortunately, their marriage ran into rough weather and litigation erupted between them. Effort made to resolve their matrimonial dispute remained unsuccessful. On 10-8-1991 at about 1 p.m., gathering took place in the house of Shri Hari Sharma, Advocate Rajpura. Shri Hari Sharma was close friend of Shri Amar Nath Bansal. Vijay Kumar Modi his father Amar Nath Modi, brothers Prem Kumar and Dharam Pal and one Bimal Kumar and one Tirlochan Singh went there at the agreed time and joined that gathering. Gathering took place in the chobara of the house of Shri Hari Sharma. Hari Chand of Samana was also present who is friend of Shri Amar Nath Bansal. Two sons of Shri Hari Sharma were also present in the chobara apart from Shri Hari Sharma, Advocate. When the talk for reconciliation was going on, Shri Amar Nath Bansal abused Dharam Pal in the name of his mother. Shri Amar Nath Bansal also tried to slap him. Shri Amar Nath Bansal lost temper and uttered "Tainu Kutiya Kis Ne Bulaiya Hai". Upon this, Shri Amar Nath Modi told Shri Amar Nath Bansal that Dharam Pal was his son and he was there as one of the members of the gathering with a view to bringing about reconciliation between Smt. Neena and Vijay Kumar Modi and he (Dharam Pal) had been invited there at his instance. Amar Nath Bansal, Hari Sharma, Hari Chand, two sons of Hari Sharma name Anupam Sharma and Dinkar Sharma in pursuance of their common intention became riotous and started beating Dharam Pal and Prem Kumar. Amar Nath Bansal and Hari Sharma gave beating to Dharam Pal, Prem Kumar and Vijay Kumar Modi. Effort was also made to wrongfully confine them. Amar Nath Modi and two brothers of Vijay Kumar Modi came down stairs. Thereafter, Amar Nath Bansal accused, with the intention to kill, pressed the neck of Vijay Kumar Modi together with his co-accused. Sufficient pressure was put on the neck of Vijay Kumar Modi that his eyes protruded out and he became nervous. Occurrence was witnessed by Bimal Kumar and Trilochan Singh who raised raula. Amar Nath Bansal released the throat of Vijay Kumar Modi. Thereafter, Amar Nath Bansal and his co-accused gave some more injuries to Vijay Kumar Modi after wrongfully confining them. Earlier to complaint dated 27-8-1991, there had been recorded two DDRs in P.S. City Rajpura. One DDR was recorded at the instance of the complainant party while the other was recorded at the instance of the accused side. In the DDR recorded at the instance of complainant side, the names of Anupam Sharma and Dinkar Sharma were not mentioned and the only narration was that the two sons of Hari Sharma, Advocate participated in the crime. In the DDR lodged by Amar Nath Bansal, the names of Anupam and Dinkar Sharma figured.

(3.) Complaint dated 27-8-1991 was investigated by ASI. Statements of Vijay Kumar Modi, Amar Nath Modi, Prem Kumar were recorded on 5-2-1992. Statements of Dharam Pal, Bimal Kumar and Tirlochan Singh were recorded on 9-2-1992. Statement of Sohan Lal was recorded on 25-2-1992. Case was investigated by Deputy Superintendent of Police also. He interrogated Tirlochan Singh and others namely Bansi Lal and Sushil Bhardwaj, Advocates. The investigating officer came to the conclusion that the two sons of Hari Sharma, Advocate namely Anupam Sharma and Dinkar Sharma were not present in the chobara at the time of the alleged incident. Tirlochan Singh eye-witness also testified that they had been wrongly named in the DDR lodged by Vijay Kumar Modi. They were rather away to Jind in connection with the illness of their grand-father. Dinkar Sharma and Anupam Sharma were found innocent and they were ordered not to be challaned and shown in the column No. 2 of the report under S. 173, Cr. P.C. On the complaint of Vijay Kumar Modi, only Amar Nath Bansal, Hari Sharma and Hari Chand were challened under Ss. 324/307/323/380/34, IPC. Case was committed to the Court of Session.