JASPREET SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The instant criminal appeal has been filed by the complainant Jaspreet Singh against the judgment dated 17.6.2015 passed by Addl. Sessions Judge No. 2, Hanumangarh in Sessions Case No. 94/2012 whereby the learned trial Court acquitted the accused respondents No. 2 to 6 for offence under Ss. 148, 302/149 and 342/149 I.P.C. while convicting seven other accused persons for said offences.

(2.) As per facts of the case, the appellant filed a written report before the SHO, Police Station Sadar, Hanumangarh on 12.4.2011 in which it is alleged that at about 8 O' Clock in the morning when his father and mother were coming from the house of Satpal Singh at that time when they reached at the house of Karnel Singh, the accused Gurdayal Singh and his two sons Kulvindra, Jasvindra, Lal Singh, Balkaran Singh, Jaskaran Singh, Gurcharan Singh, Sukha Singh, Preetam Singh, Tarsem Singh @ Sem Singh, Darshan Singh, Sukha Singh S/o. Harnek Singh came there armed with lathi and axe and all of them surrounded the motor cycle and took away his father Puran Singh forcibly in the house of Gurdayal Singh. It is also alleged that he and his mother tried to save his father but all the accused threatened her that if you will interfere then you will be murdered. As per facts, all the accused took his father in the house of Gurdayal Singh where they gave severe beating, due to that his father Puran Singh died. At that time he called his uncle Jagjeet Singh and other family members and entered in the house of Gurdayal Singh to search his father but they saw that all the accused persons including Gurdeep Kaur, Amarjeet Kaur were beating his father by lathi and axe. According to the complainant, all accused persons after beating came out from the house and said that Puran Singh has denied and they snatched Rs. 8,000/ - from the pocket of his father.

(3.) Upon above complaint, FIR No. 100/2011 was registered by the SHO, Police Station Sadar under Ss. 302, 342, 379, 147, 148, 149 I.P.C. and after investigation filed challan only against Gurdayal Singh, Jasvinder Singh, Kulvinder Singh, Gurcharan Singh, Darshan Singh, Sukha @ Sukhraj Singh, Tersem Singh @ Sema Singh, Balkaran Singh and Jaskaran Singh under Sec. 302, 342, 147, 148, 149 I.P.C. in the Court of ACM (Junior Division), cum Judicial Magistrate, Hanumangarh from where the case was committed to the Sessions Court, Hanumangarh but transferred to the Court of Addl. Sessions Judge, Fast Track No. 1, Hanumangarh for trial. The learned trial Court framed charges under Sec. 148, 302/149 and 342/149 I.P.C. and commenced trial. The Court of Addl. District & Sessions Judge, Fast Track No. 1, Hanumangarh was abolished, therefore, again the case was transferred to the Court of Addl. District & Sessions Judge, No. 2, Hanumangarh where final trial was conducted.