KARAMJIT SINGH Vs. OM PARKASH RAWAT AND OTHERS

JUDGEMENT

(1.) Through the instant application filed under Section 378 (4) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicant seeks grant of special leave to appeal against the judgment dated 21.09.2016 passed by the Additional Sessions Judge, Patiala (for short the trial court), through which the respondents have been acquitted of the charges framed against them under Sections 452, 382, 379, 323, 506, 342, 382, 392, 364, 149, 34 of the Indian Penal Code, 1860 (for short IPC).

(2.) Briefly stated, the case of the applicant-complainant, as per the complaint filed before the Court of Illaqa Magistrate, is that the complainant is in the business of grinding of mustard oil, grains and spices as well as rice shelling. On 04.08.2006 at 07:00 PM, respondents Dhanna Singh, Kuldeep Singh and Sarabjit Singh, after coming to the applicant's residence, abused and threatened to kill him and his family members if he did not withdraw the case filed by him which was pending in the court of Judicial Magistrate Ist Class, Patiala. As per the allegations, the aforesaid respondents were armed and respondents Nirmal Dass and Kuldeep Singh caught hold of the applicant whereas respondent Dhanna Singh inflicted a rifle butt blow on his chest. The applicant was further pushed to the ground and while he was lying down, various blows with the rifle butt were inflicted on the applicant's back. Cash and rice were also alleged to have been stolen by the respondents.

(3.) It was further the case of the applicant that on 06.08.2006 at about 06:30 PM, respondents Dhanna Singh, Sarabjit Singh and Kuldeep Singh forcibly entered the applicant's house and threatened to implicate him in a false case if he did not withdraw the application filed by him through which he had sought release of the case property and on the applicant's refusal to succumb to these demands, he was given beatings, abused and threatened. Such incident was alleged to have been witnessed by Mohinder Singh and other persons.