STATE OF PUNJAB Vs. BINDA

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the judgment dated 12th April, 1989 passed by JMIC, Nawanshahr. By this judgment the learned trial court has held that the prosecution has failed to bring home the offence against the accused beyond reasonable doubt and accordingly all the accused were acquitted.

(2.) BRIEFLY stated, the case of the prosecution is that one Jito resident of village Dosanj Khurd was going to her Haveli for tethering her buffalo in the morning of 21.9.1986 and when she was passing near the house of Sohan (respondent-accused) she was abused by Binda respondent. Accused Binda said that they would teach a lesson as a complaint has been filed against them. It is further alleged that in the meantime Chinda alias Gurmej Singh son of Parkasha who was armed with a Daat and Sohan son of Karma who is his uncle and was armed with Gandasi gave blows on the right arm and back of the complainant Jito. It is further alleged that after alarm was raised, two Devranies (wives of Jito's husband's younger brothers) Gian Kaur wife of Reshan Chand and Saron wife of Joginder Singh reached there and rescued the complainant. It is then alleged that thereafter the accused persons ran away from the spot with their respective weapons.

(3.) INJURY No. 1 was kept under observation and on the receipt of x-ray report, it was declared as grievous in nature. The x-ray was conducted by PW-1 Dr. Paramveer Kaur Virk.