LAWS(HPH)-2010-12-12

KULDEEP SINGH Vs. BALBIR SINGH

Decided On December 08, 2010
KULDEEP SINGH Appellant
V/S
BALBIR SINGH Respondents

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) IN Criminal Case No.279-II of 1997/04, decided on 29th December, 2009, the respondents were summoned, tried and acquitted for the offences punishable under Sections 341, 323 and 504 of the INdian Penal Code. The complainant felt aggrieved by the impugned judgment of acquittal, as such the instant application seeking leave to appeal has been filed.

(3.) IT is pertinent to note that the alleged incident had taken place in the month of June, 1997 and the present complaint against the respondents was filed in the month of August, 1997, i.e., after about two months without rendering any explanation for such an unprecedented delay. The complainant testified before the Court contrary to his complaint that he was taken by the respondents to the Police Station and was released on the same night. Further, his witness and co-villager, CW5 Indru categorically stated that he alongwith the complainant were taken to the Police Station, but both were released on the same night and no one was kept in the Police Station for the night. He even stated that neither the respondents gave beatings to any one nor misbehaved with them.