Alok Singh, J. - (1.) PRESENT two revision petitions viz. Crl. Revision No. 3126 of 2010 and Crl. Revision No. 224 of 2011 are filed challenging the order dated 27.08.2010 passed by learned Additional Sessions Judge, Jalandhar, in Sessions Case No. 18 of 2008 pursuant to FIR No. 34 dated 20.03.2008, under Sections 307, 326, , 323, 148/149 of the Indian Penal Code, registered at Police Station Bhogpur, Jalandhar, whereby learned Trial Court has summoned the present revisionists as additional accused under Section 319 of the Code of Criminal Procedure to face the trial.
(2.) BRIEF facts, inter -alia, are that Manjinder Singh has lodged an FIR on 20.03.2008 stating therein as under: I am resident of the above address and an agriculturist. Yesterday, on 19.3.2008, I, my younger paternal uncle Gurdeep Singh son of Swinder Singh, resident of Ladhran and Jagdeep Singh son of Ranjit Singh, resident of Moga after doing some personal work were coming back from Bhogpur to our village. I was residing my motorcycle while my uncle was driving his Innova Vehicle and following me. When at about 6.30 p.m., I reached O.B.C. Bank, Bhogpur, Ranjit Singh was standing near the bank and a Cherry coloured Scorpio Vehicle was parked near him. I could not read the number of the same. On seeing me, Ranjit Singh gave a signal to the persons sitting in the vehicle that he is going and let he be taught a lesson. The driver of the Scorpio hit it in my motorcycle and I fell down. When I got up then I saw Ajay Pal Singh armed with Datter, Ranjodh Singh son of Resham Singh, resident of Nangal Jamal armed with Datter, Parminder Singh @ Pinder son of Dharam Singh, resident of Manak Dherian armed with Kirpan, Parminder Singh @ Sonu son of Jasvir Singh resident of Manak Dherian armed with Kirpan and 3 -4 unidentified persons who were carrying iron rods, whom I can identify on seeing, alighted from the vehicle and ran towards me. I, in order to save myself started running. When I reached Adampur Chowk, the above said persons encircled me. Parminder Singh with his Kirpan gave three blows to me which fell on my head. Then Ranjodh Singh with his Datter gave six continuous blows on my left leg. Then Parminder Singh @ Sonu with his kirpan gave two blows on my left arm and hand. Then I fell down and then Ajay Pal with his Datter gave blow on my right leg which hit on my ankle. I raised an alarm 'Mar Ditta' 'Mar Ditta' then my uncle and Jagdeep Singh collected people and saved me from these assailants. On seeing the people, the assailants ran away with their respective weapons in the vehicle. The above said persons with an intention to kill me have caused injuries on my head, body and other parts and injured me. While leaving the above said assailants also took away a bag containing Rs. 25,000/ -. The cause of the grudge is that a month back I had an altercation with Pinder at Taxi Stand on account of parking of the vehicle. Action may be taken as per law against them. Investigation in the present case was carried out by the Superintendent of Police (Headquarter), and it was found that the Petitioners are not, at all, involved in the present occurrence and have been falsely implicated. It was further found during the investigation that Petitioners were not present on the spot and Ranjit Singh - revisionist was present in the bank; while revisionist Ajay Pal Singh was present at his house at a distant place from the place of alleged occurrence. No challan was filed against the revisionists and their names were shown in column No. 2 of the challan.
(3.) DURING the trial, complainant -injured Manjinder Singh was examined as PW1. He has stated on oath, while appearing in the witness box, that revisionist - Ranjit Singh raised a lalkara and had said that PW1 should not be spared today and be killed. It is also stated that Parminder Singh accused present in the Court gave a kirpan blow which hit on the center of head. Parminder Singh gave three blows of kirpan on his head and thereafter, accused Ranjodh Singh, who was present in the Court, also gave six blows of datter which hit on his left leg on the lower portion. Dharminder Singh - accused gave two kirpan blows on his left arm and hand. Revisionist - Ajay Pal Singh gave datter blow which hit on his right leg on knee joint. It is also stated that his uncle Gurdeep Singh and Jagdeep Singh collected the people at the spot and on seeing the people, all the accused ran away from the spot along with their respective weapons in their vehicle. PW1 - Manjinder Singh has stated in his cross -examination as under: One month prior to this occurrence, we quarrel with the accused and said occurrence took place at the Taxi Stand. That occurrence took place between me and Parminder Singh. Nobody was injured on that day. I did not report the matter regarding the previous occurrence to the police. Occurrence took place only with Parminder Singh, none of the other accused was present at that time except Parminder Singh. I do not know whether Parminder Singh has sold vehicle bearing No. PB07 -5969 to one Kamaljit Singh, resident of Rurkowal, Ramdaspur one month prior to the occurrence. It is correct that S.P. (HQ) conducted inquiry in the present case. I also appeared before S.P. (HQ) conducted inquiry in the present case. I also appeared before SP (HQ). Other prosecution witnesses in the case also appeared before SP (HQ).;