LAWS(HPH)-2010-3-160

AVTAR SINGH Vs. RULDU RAM AND ORS.

Decided On March 31, 2010
AVTAR SINGH Appellant
V/S
Ruldu Ram And Ors. Respondents

JUDGEMENT

(1.) APPLICANT /Appellant has sought leave to appeal against the acquittal of the Respondents, passed by the learned trial Court in Criminal Case No. 10 -II/2004 decided on 8.6.2009.

(2.) HEARD and gone through the record.

(3.) SIGNIFICANTLY Kuldeep Singh did not know any of the Respondents earlier and he stated in cross -examination that he was seeing the Respondents for the first time in the Court on the day of his examination. Similarly CW -3 Ramesh Chand has given contradictory version. Firstly, he states in examination -in -chief that when he was returning from Mohtali and reached near Chaunch Khad, he heard the cries of Avtar Singh complainant. He reached the spot and rescued Avtar Singh from the Respondents. Two lines of his cross -examination which appear at the tail end shatter his version completely. He stated that there were seven persons those who were giving beatings to the complainant. He did not recognize any of them. Learned trial Court took note of the above material contradictions and recorded acquittal of the Respondent.