STATE Vs. JAGIR SINGH

JUDGEMENT

(1.) JUDGMENT :- This appeal is directed against the judgment passed by Judicial Magistrate 1st Class, Hiranagar on 13-5-1986 whereby respondents have been acquitted of the offences under Sections 323, 324, 392/109 read with Section 34 of the Ranbir Penal Code, for which offences all of them had been tried. Respondents 1 to 3 along with their father Jetha Singh were prosecuted and tried before the trial Court. Record of this appeal shows that during the pendency of the appeal Jetha Singh died.

(2.) In brief prosecution case against the respondents was that on 17-6-1981 Kulbhushan Singh, Salesman of Farmers' Services Society (hereinafter referred to as complainant) was on his way from the office of Society which is situated at Kahna Chak, when he was in between Kahna Chak and Kandhey Chak, he was way-laid by the respondents but he somehow managed to escape. Again he was caught hold of by the respondents and was administered danda blow, kirpan blow and fist blows by the respondents. Not only this, but he is stated to have been dragged by the respondents and was tied with a Sheesham tree in the Sehan (courtyard) of Surinder Kaur, who later on cut the ropes and untied him. S/Shri Gurmukh Singh, Tarsem, Pappu and Parsidh Singh were the persons who reached the spot, but all of them were threatened by the respondents. Respondents are further stated to have removed purse from the pocket of the complainant containing Rs. 9000/- while leaving when the complainant was tied with the tree.

(3.) After the complainant had been untied by Surinder Kaur, he took shelter in the nearby cattle-pen of Kartar singh where he became unconscious. Further case of the prosecution is that the complainant was removed in an injured state to the hospital where he regained conscious. On 19th June, 1986 statement of the complainant was recorded in the hospital vide Exp. A and his pent EXPI was also seized by the police vide recovery memo. Complainant was got medically examined by the police and after completion of the investigation challan was filed against all the accused persons numbering four before the trial Court.