Punjab-Haryana High Court
Tej Ram vs Puran Chand And Ors on 21 January, 2019
Author: Inderjit Singh
Bench: Inderjit Singh
263
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.A-989-MA of 2017 (O&M)
Date of decision: January 21, 2019
Tej Ram
...Applicant
Versus
Puran Chand and others
...Respondents
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Anand Kumar Bishnoi, Advocate
for the applicant.
****
INDERJIT SINGH, J.
Applicant-Tej Ram has filed this application under Section 378 (4) read with Section 482 Cr.P.C. seeking permission for leave to appeal against Puran Chand and other respondents, challenging the judgment dated 14.02.2017 passed by learned Judicial Magistrate Ist Class, Pataudi, whereby accused-respondents were acquitted.
It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is further stated that in case leave is not granted, then the applicant will suffer an irreparable loss. It is, therefore, prayed that leave to appeal be granted.
As per the record, complainant Tej Ram filed a complaint against accused Puran Chand, Ramanand, Ram Kishan, Bhagwat Dayal @ Dallu, Shyam, Raju @ Raj Kumar, Krishan and Bhudatt under Sections 323, 354, 427, 452, 506 and 120-B read with Section 34 IPC. The brief 1 of 5 ::: Downloaded on - 17-02-2019 09:29:31 ::: CRM No.A-989-MA of 2017 -2- averments of the complaint as noted down in the judgment passed by learned JMIC, Pataudi, are as under:-
"2. Briefly stated, the facts of the complaint are that complainant is a senior citizen and retired form Army Medical Care (AMC) after serving country for so many years and is a permanent resident of above noted address. On 08.12.2011, at about 11.00 AM, when complainant was present in house along with his wife Sharda Devi meanwhile all the above named accused persons came together to the house of complainant armed with lathis, Danda and iron rod and after trespassing in the house started breaking the tin shed of the complainant in Khasra/Plot No.150 in which house of the complainant situated and when complainant and his wife tried to stop the assailant, accused persons started beating the complainant and his wife and caused multiple injuries to the complainant and his wife and also thrown out the house hold articles out of the house like Parat Pital, Chamcha (serving spoon), bowls and other household articles. Krishan caused a lathi blow on left leg of complainant near knee, Raj Kumar caused a danda blow on left hand of complainant, and thereafter, complainant fell down and when wife of the complainant tried to rescue him from the clutches of accused persons, Bhudatt caused injuries to the wife of complainant by danda, Ramkishan caused a danda blow on the back of complainant and Shivam caused injuries to complainant by fist and kick blows. All the accused threatened for dire consequences by saying "Aaj isse zinda nahi chodna, jaan se maarna hai, taaki him inke makan par kabja kar sakke", after hearing their noise, hue and cry some persons, who were passing there from came inside the house and rescued the complainant and his wife from the clutches of the accused persons, otherwise they would have killed them. Thereafter, accused persons threatened the complainant for dire 2 of 5 ::: Downloaded on - 17-02-2019 09:29:31 ::: CRM No.A-989-MA of 2017 -3- consequences, by saying you will be done to death. The complainant informed the police on 100 number but nobody from the police station turned up, thereafter, complainant went to the police station and moved an application against the accused persons on which DDR No.24 dated 08.12.2011 has been registered. The complainant and his wife got examined in CHC, Pataudi, and thereafter, referred to GH, Gurugram due to seriousness of the injured i.e. complainant and his wife. One police official namely ASI Rakesh came to the house of complainant and inspected the spot and captured the photographs after calling the photographer from Kiran Photo Studio. Thereafter, complainant visited the police station on regular basis to enquire about his complaint but it was shocking for the complainant to know that police had not taken any action on his complaint. Hence, the present complaint." On the basis of preliminary evidence, the accused were summoned under Sections 323, 452 and 506 IPC read with Section 34 IPC. In pre-charge evidence, complainant examined himself as CW-2, CW-2 Bharat Kumar, CW-3 Constable Suresh Kumar, CW-4 Lila Ram Patwari, CW-5 Head Constable Bhudev and CW-6 Dr.Praveen Chaudhary. He tendered into evidence documents i.e. discharge card, photographs, application given to the Commissioner, Calandra etc. In after charge evidence, learned country for the accused cross-examined CW-1 Tej Ram and suffered statement he does not want to cross-examine other witnesses already cross-examined in pre-charge evidence.
At the close of complainant evidence, the accused were examined under Section 313 Cr.P.C. They were confronted with the evidence of the complainant and they denied all the incriminating evidence against them and pleaded their false implication.
3 of 5 ::: Downloaded on - 17-02-2019 09:29:31 ::: CRM No.A-989-MA of 2017 -4- Learned JMIC, Pataudi, after appreciating the evidence, acquitted the accused-respondents vide impugned judgment dated 14.02.2017.
Aggrieved from the above-said judgment, present appeal along with application for grant of leave to appeal has been filed.
I have heard learned counsel for the applicant and have gone through the record.
The perusal of the record shows that complainant is alleging that accused-persons armed with lathis, Danda and iron rod and after trespassing in the house, gave beatings and caused multiple injuries to the complainant and his wife and also thrown house hold articles out of the house. As per complainant's case, accused Krishan gave lathi blow on his left leg, Raj Kumar gave danda blow on left his hand. Thereafter, complainant fell down and when wife of the complainant tried to rescue him from the clutches of accused persons, Bhudatt caused injuries to the wife of complainant with danda, Ramkishan gave danda blow on the back of complainant and Shivam gave injuries to complainant with fist and kick blows.
Learned counsel for the applicant also shown the copy of the affidavit of Dr.Praveen Chaudhary Ex.PW/A, in which the injuries have been mentioned. Wife of complainant namely Sharda Devi has received two injuries; first is restricted movement of thumb of left hand. No specific injury has been mentioned. Injury No.2 is abrasion on the left index finger with swelling but dimension of this injury has not been mentioned. Moreover, Sharda Devi has not been examined to support and corroborate the injuries received by her. Further, Tej Ram complainant received three 4 of 5 ::: Downloaded on - 17-02-2019 09:29:31 ::: CRM No.A-989-MA of 2017 -5- injuries out of which, two injuries are complaint of pain without any external mark of injury, which, as per law, cannot be held as injury. Third injury is abrasion on left leg but no dimension of abrasion has been mentioned. The version of the complainant is not supported and corroborated by medical evidence. If eight persons armed with iron rod, danda, lathi etc. will come to the house of the complainant to cause injuries, then they will not cause such type of injuries.
The perusal of the findings given by learned JMIC, Pataudi, shows that these have been given as per evidence and law. In no way, the findings can be held as perverse or against the evidence and law. At the time of arguments, nothing has been pointed out as to which material evidence has been misread and which material evidence has not been considered by the trial Court. Nothing has been pointed out as to how the findings are perverse or against the law and what illegality has been committed by learned trial Court. The findings have been given by correctly appreciating the evidence in right perspective and accused-respondents have been rightly acquitted.
In view of the above discussion, I find that the impugned judgment dated 14.02.2017 passed by learned JMIC, Pataudi, is correct, as per law and evidence and does not require any interference from this Court. No ground is made out for grant of leave to appeal and therefore, the present application stands dismissed.
January 21, 2019 (INDERJIT SINGH)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable No
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