HARBHAJAN SINGH Vs. MALKIAT SINGH AND ORS.

JUDGEMENT

(1.) PRESENT revision petition has been preferred by complainant Harbhajan Singh challenging acquittal of Malkiat Singh, Avtar Singh, Sadhu Singh, Sube Singh, Harbans Singh, Bachittar Singh and Naranjan Singh. These accused were tried in case FIR No. 94 dated 28.08.1993 registered at Police Station Kotwali, Kapurthala under Section 325/323/148/149 IPC.

(2.) NO appeal against acquittal has been filed by the State under Section 378 Cr.P.C. In the FIR, it was stated by Harbhajan Singh that on 28th August, 1993 at about 10.30 a.m., the present accused came to his house and sat there to resolve the dispute of Avtar Singh son of Bachittar Singh. It is stated that he sent his son Harjit Singh to bring tea from the house of his sister and when Harjit Singh came back, present accused started giving slaps to his son Harjit Singh. It is further stated that Bachittar Singh and Naranjan Singh accused exhorted their co -accused that complainant Harbhajan Singh and his son be finished as they had committed an excess in the election of Sarpanch in the village. It is further stated that Harbans Singh son of Naranjan Singh gave kamani blow on the head of Harbhajan Singh and thereafter, Malkiat Singh gave a saria blow on the head of the complainant. When he ran towards the gate of his house, he was dragged by the accused outside the gate of the house and then Sadhu Singh, Sube Singh and Avtar Singh gave him injuries.

(3.) IT was held in : 1968CriLJ665 Mahendra Partap Singh v. Sarju Singh and Anr., relying upon D.Stephens v. : 1951CriLJ510 , as under: