AVTAR SINGH Vs. GURMEJ SINGH AND OTHERS

JUDGEMENT

(1.) The applicant-complainant Avtar Singh prays for grant of leave to file appeal so as to challenge judgment dated 17.4.2014 passed by the Court of learned Judicial Magistrate 1st Class, Smana, whereby the respondents-accused have been acquitted of the charges framed against them for offences under Sections 323, 326 read with Section 34 of Indian Penal Code, 1860.

(2.) The applicant-complainant Avtar Singh had filed a complaint in the Court of Judicial Magistrate 1st Class, Samana, alleging therein that on 25.7.2009, when he was working alone in his agricultural land, then all the three accused came there and asked him as to why he had cut grass from the 'watt' (boundary raised with soil for demarcating fields) and abused him and upon the complainant objecting to the same, they gave fist and kick blows to him, as a result of which he fell on the ground. It is further the case of the complainant that Gurmej Singh instigated the other accused to give fist and kick blows, upon which accused Bagga @ Dilbag caught hold of the complainant and accused Navtej Singh gave a blow with 'Kahi' (agricultural implement having broad iron blade and long handle used for lifting soil) hitting him on his left foot.

(3.) The complainant lodged FIR with the police i.e. FIR No. 75 dated 26.7.2009 under Section 323, 324 read with Section 34 of Indian Penal Code, 1860, but upon investigation, the police filed a cancellation report constraining the complainant to file the complaint. Consequent upon summoning of acccused and framing of charges against the accused for offences under Section 323, 326 read with Section 34 of Indian Penal Code, 1860, the complainant himself stepped into witness-box as PW-1 and also examined PW-2 ASI Satgur Singh, who had conducted investigation in the FIR registered at the instance of the complainant and PW-3 Dr. Parveen Puri, who proved MLR in respect of the injuries sustained on foot by the complainant.