LAWS(P&H)-1997-1-155

RASHAM SINGH Vs. STATE OF PUNJAB

Decided On January 16, 1997
Rasham Singh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This Crl. Misc. petition has been filed by Satnam Singh whereby he has prayed direction to the respondents 1 to 3 to entrust the investigation of case FIR No. 55, dated 27.4.1996 under Section 324/34 IPC at PS Sadar Muktsar to some higher ranking officer.

(2.) IT is averred by Satnam Singh that on 27.4.1996, parliamentary elections were going on in village Baja Mararh (formerly within the jurisdiction of PS Muktsar and now within the jurisdiction or PS Bariwala) and during the course when the casting of votes was going on, his brother Resham Singh observed that respondents 4 to 6 were coercing people to vote in favour of the candidate in whose favour they desired them to vote. Resham Singh objected to their coercing people and not allowing them to exercise their franchise freely. Scuffle ensued. Nothing tangile, however, happened. On the night of 27.4.1996, Resham Singh was attacked by respondents 4 to 6. With regard to the attack upon Resham Singh by respondents 4 to 6, case FIR No. 55, dated 27.4.1996 was registered at PS Sadar Muktsar under Section 324/34 IPC. It is averred by Satnam Singh that the doctor who performed medico-legal examination at GGS Medical College Hospital, Faridkot on 28.4.1996, found the following injuries on the person of Resham Singh:

(3.) THIS prayer of the petitioner has been opposed by the State of Punjab through affidavit sworn by Shri Sarabjit Singh, DSP, Muktsar urging that Resham Singh was never attacked by respondents 4 to 6 and the case was investigated by SI Puran Singh, S.H.C. Ranjit Singh PS Bariwala and Sarabjit Singh, DSP, Muktsar and during investigation, they found that Resham Singh had self-sufered the injuries and got recorded a false version before the police so as to implicate respondents 4 to 6 falsely. It was further urged that during investigation, injuries were found to be fabricated.