SATYABIR SINGH Vs. GYAN PARKASH

JUDGEMENT

(1.) CRM-31859-2019 For the reasons stated in the application, same is allowed. The order dated 24.09.2019 is hereby recalled and the main case is restored to its original number.

(2.) Brief facts of the case are that applicant Satyabir Singh filed a complaint against Gyan Parkash, Sube Singh, Braham Parkash, Samay Parkash and Ved Parkash, with the allegations that on 10.07.2010, his wife Sharda Devi was contesting the elections of Sarpanch and was standing in the queue to cast her vote, when the aforesaid accused persons attacked them for pushing the people standing in the queue. Gyan Parkash gave a stick blow on his jaw and lathi blow on his head. Deshraj inflicted injuries on his finger and the accused persons also stolen his mobile phone, money and gold chain. The matter was reported to the police but no action was taken.

(3.) The applicant, in the preliminary evidence, examined seven witnesses and the trial Court summoned only Gyan Parkash to face the trial. Thereafter, in pre-charge evidence, the applicant again summoned 07 more witnesses and the charges were framed against the respondent under Section 323 of the Indian Penal Code (for short 'IPC'). Statement of the accused-respondent under Section 313 Cr.P.C. was recorded, wherein he denied all the incriminating evidence led against him and pleaded innocence.