HAZARA SINGH Vs. RATTAN SINGH

JUDGEMENT

(1.) - The present revision petition has been filed by Hazara Singh directed against the judgment of the learned Addl. Sessions Judge, Hoshiarpur, dated 10.8.1987. By virtue of the impugned judgment, learned Addl. Sessions Judge had accepted the appeal and set aside the order passed by the learned Judicial Magistrate 1st Class, Dasuya.

(2.) SOME of the relevant facts are that Rattan Singh is the father of the petitioner. On 19.11.1983 he made a report that he was ploughing his land when the petitioner assaulted him and injured the applicant Rattan Singh. The result was that there was a fracture of third tooth of the lower jaw. The upper part of the tooth was missing besides other injuries. The petitioner was tried and was ultimately acquitted by the learned Judicial Magistrate. This led to the filing of application under Section 340 of the Code of Criminal Procedure. The respondents had appeared and contested the application. Enquiry was held and the parties had led their evidence.

(3.) AGGRIEVED by the said order, an appeal was filed by Rattan Singh and others. The learned Additional Sessions Judge accepted the appeal and held that absence of corresponding injury on the lip or the cheek may play a very important part in case victim is a young person. Since the complainant was an aged one person, a slight pressure may have resulted in uprooting the teeth. It was further observed that sense of direction of the witness varies from person to person and same is the position with respect to the fact whether the shirt of the victim was blood-stained or not. The learned Addl. Sessions Judge held that it was not a fit case for making a complaint and order of the learned trial Court was set aside. Hence, the present revision petition.