STATE OF HARYANA Vs. GURCHARAN SINGH AND ANR.

JUDGEMENT

(1.) THE State is aggrieved by acquittal of respondents - husband and wife -of the charges under Sections 332/353/324/307/506/186/34 IP.

(2.) CASE of the prosecution is that on 11.6.2005, SI Suraj Bhan (PW -10) was present at Manav Chowk, Ambala City alongwith HC Jaswant Singh (PW -7), ASI Gurnam Singh (PW -8) and others. He received secret information that accused Gurcharan Singh was engaged in sale of liquor illegally. He organised a raid party and raided the house of Gurcharan Singh. They saw a woman in verandah trying to run away by jumping over the wall. She fell down. Accused Gurcharan Singh armed with a sword raised a lalkara that he will teach a lesson for raiding his house. He inflicted a blow on the head and a blow on the right arm of Jaswant Singh. Suraj Bhan tried to rescue Jaswant Singh. Accused inflicted another blow on the right hand of Jaswant Singh. The accused ran away from the spot. Harbans Kaur inflicted a danda blow on the back of Jaswant Singh. Suraj Bhan and Gurnam Singh also sustained injuries. Harbans Kaur gave three danda blows to Suraj Bhan. Accused also gave threat to the police party. PW -10 Suraj Bhan took into possession ten bottles of illicit liquor. He also recovered a stick from the spot with which Jaswant Singh (PW -7) had protected himself. Jaswant Singh was taken to the hospital. Suraj Bhan apprehended the accused on the same day at 4/4.30 P.M. SI Gyas Ram (PW -11) went to the hospital on receiving a message and recorded statement of Jaswant Singh, which led to registration of FIR. SI Gyas Ram completed the investigation and challaned the accused.

(3.) AFTER considering the evidence on record, the trial Court came to the conclusion that the case of the prosecution was not proved beyond reasonable doubt. The reasons given by the trial Court can be summarized as under: