RESHAM LAL Vs. SHANGARA SINGH

JUDGEMENT

(1.) Prayer in this revision petition is for setting aside the order dated 10.01.2011, passed by the trial Court, vide which private respondents/accused were acquitted of the charge framed against them in FIR No. 47 dated 23.03.2004, under Sections 323, 324, 148, 149 of the IPC, registered at Police Station Dasuya, District Hoshiarpur; as well as the judgment dated 25.09.2012 passed by the lower appellate Court dismissing the appeal preferred by the petitioner against the said judgment of acquittal.

(2.) Brief facts of the case are that on 22.03.2004, medico-legal examination of injured Resham Lal, Tarsem Lal and Sewa Dass was conducted and ASI Kulwinder Singh along with other police officials visited the Civil Hospital, Dasuya for recording their statements. The doctor on duty declared all the injured fit to make statement. Thereafter, petitioner/complainant Resham Singh made statement to the effect that he is a tailor by profession and on 22.03.2004 at about 8.00 PM, he along with his elder brother Tarsem Singh and his son Sewa Dass were going from their house towards shop. When they reached near the fields of Harjinder Singh, the electric light of the tubewell of one Rachhpal Singh was on and he saw that Shangara Singh, armed with Datar, Laddi armed with Dang, Kishan Chand armed with Sota, Swarana Ram armed with Sota, Jagjit Singh armed with Sota, Laddi and Amarjit Singh armed with Datar, were present there. When the complainant and his brother and son reached near them, accused Shangara Singh raised a lalkara that the complainant party be taught a lesson for moving false application against them. Thereafter, accused Amarjit Singh gave a datar blow to Tarsem Singh which hit on his hand. Accused Bhag Mal gave a dang blow to Sewa Dass which hit him on his arm. Accused Shangara Singh gave a datar blow to complainant which hit him on his forehead. Accused Laddi gave a dang blow to complainant which hit on his head and when he fell down and accused Laddi, Palla and Swarna caused him injuries which hit him on his different parts of body. Then complainant raised hue and cry and his wife and other people came to the spot and the accused persons fled away. As per the complainant, the motive behind the occurrence was that an inquiry for fake allotment of some land was pending in the Court of SDM, Dasuya and for getting favour in the said inquiry, the complainant had paid Rs. 20,000/- to accused Shangara Singh, however, neither he could favour the complainant in inquiry nor returned the money. On the basis of the said statement of complainant, the FIR of the present case was registered and investigation was conducted.

(3.) After completion of the investigation, challan against the accused persons was presented for the offence punishable under Sections 323, 324, 148 and 149 of the IPC and charges were framed accordingly.