KALYAN SINGH Vs. RAGHUBIR SINGH AND OTHERS

JUDGEMENT

(1.) Instant appeal, assailing judgment dated 31.3.2014 passed in Sessions Trial No.4-N/7 of 2008 by learned Additional Sessions Judge, Sirmaur, District at Nahan, vide which respondents were acquitted in case FIR No.241/2007 dated 14.7.2007 under Sections 380, 302 of Indian Penal Code registered at Police Station, Paonta Sahib, District Sirmaur, H.P., has been filed by complainant Kalyan Singh.

(2.) We have heard learned counsel for appellant as well as learned counsel for respondents and have also gone through the material placed on record.

(3.) According to complainant PW-12 Kalyan Singh, on 14.7.2007 at about 3.30 a.m. his son Pritam Singh came out from his house for urinating and noticed some trespasser in motor shed of Tube well of his uncle Amrit Singh. He came inside and wake up his father (complainant) informing that someone was taking away motor from tube well of uncle. Complainant armed with iron rod and his son Pritam Singh with drat rushed to catch trespasser but that person ran away from the spot. Complainant and his son chased that person. Complainant was following his son. Trespasser stuck with barbed wire fencing and was caught by his son. Scuffle took place and trespasser skipped but in this process his son had inflicted injury on his arm with drat. His son again caught trespasser in field of Mela Ram but that person ran away after stabbing his son. Two other persons were also accompanying trespasser. Complainant brought his injured son to home. Police was informed. His injured son succumbed to injuries on the way to hospital.