Punjab-Haryana High Court
Jasbir Singh vs State Of Punjab & Ors on 14 October, 2014
Author: T.P.S. Mann
Bench: T.P.S.Mann, Hari Pal Verma
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No. D-470-DB of 2014
Date of Decision : October 14, 2014
Jasbir Singh
.....Appellant
VERSUS
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
HON'BLE MR. JUSTICE HARI PAL VERMA
Present : Mr. S.P.S. Sidhu, Advocate
T.P.S. MANN, J.
Complainant-Jasbir Singh has filed the present appeal for challenging the judgment dated 22.11.2013 passed by the Additional Sessions Judge, Ludhiana whereby the accused respondents were acquitted of the offences under Sections 325/364/367 IPC and Section 27 of the Arms Act.
Having heard learned counsel for the appellant and perusing the impugned judgment as well as the statement (Annexure A-1) of complainant Jasbir Singh made before the trial Court, while stepping into the witness box as PW1, this Court is of the considered view that the offences under Sections 364 and 367 IPC were not made out as the quarrel took place in the chowk in front of Peeranwali. While SATISH KUMAR 2014.10.17 09:55 I attest to the accuracy and authenticity of this document Chandigarh Criminal Appeal No. D-470-DB of 2014 -2- the quarrel was going on, the parties went inside the house of accused Rachhpal Singh, which was at a distance of 20 feet from Peeranwali. As regards the offence under Section 325 IPC, it would be worthwhile to note that the doctor, who had medico-legally examined the complainant and declared the injuries to be grievous was not examined by the prosecution. Further, the use of the fire arm is also not established as none had suffered any injury as a result of alleged firing of the same.
In view of the above, no case is made out for any interference in the impugned judgment of acquittal passed by the trial Court. The present appeal filed by complainant Jasbir Singh, who falls within the definition of 'victim' as contained in Section 2(wa) of the Code of Criminal Procedure, is without any merit and, therefore, dismissed.
( T.P.S. MANN )
JUDGE
( HARI PAL VERMA )
October 14, 2014 JUDGE
satish
SATISH KUMAR
2014.10.17 09:55
I attest to the accuracy and
authenticity of this document
Chandigarh