Alok Singh, J. - (1.) ON 6.8.2010, adjournment was sought by the learned Counsel for the revisionist. Thereafter, none was present on behalf of the revisionist on 26.10.2010. Even today none is present for the revisionist to press the revision.
(2.) PRESENT revision is filed by the complainant against the order of acquittal passed by learned Sessions Judge, Sangrur, vide judgment dated 2.3.2010 in FIR No. 100 dated 31.12.2008 under Sections 452/436/323/34 of the Indian Penal Code, Police Station Longowal. In brief, the case of the prosecution is that the complainant Gurcharan Singh son of Rajinder Singh, caste Jat, resident of village Loha Khera had been residing in village Loha Khera since for the last five years along with his brothers. On 30.12.2008, at about 2.00 p.m., accused Jagtar Singh alias Bogha armed with takua and Gurlal Singh alias Lali armed with a soti came to the house of the complainant/Petitioner. Accused Gurlal Singh put the parali and the cotton sticks lying in the house of the complainant to fire. When the complainant prevented the accused Gurlal Singh from putting the parali and the cotton sticks to fire, accused Jagtar Singh gave the blow of the takua from its sharp side towards the person of the complainant/Petitioner and he put forth his right arm and the same hit from its blunt side on his right arm. The complainant/Petitioner ran for safety into his house. When accused Jagtar Singh gave another blow of the takua, the complainant/Petitioner had taken the shelter behind the pillar in the verandah of his house and raised hue and cry. In the meantime, Sukhwinder Singh brother of the complainant/Petitioner arrived there and the two accused fled away from the spot along with the weapons. Injured Petitioner was removed by his brother Sukhwinder Singh in a vehicle to Civil Hospital, Sangrur. On 30.12.2008, a medical ruqa Ex.PD having been received from the SHO, P.S. City Sangrur regarding the injured complainant/Petitioner having been admitted in the Civil Hospital, Sangrur, HC Harbans Singh of P.S. Longowal visited Civil Hospital, Sangrur and having moved the application Ex.PE obtained the opinion Ex.PE/1 from the doctor regarding the fitness of the injured to make a statement but the injured wanted his statement to be recorded after the consultation with the members of his family. Accordingly, on 31.12.2008, HC Harbans Singh again visited Civil Hospital, Sangrur, and recorded the statement Ex.PF of the injured Petitioner regarding the aforesaid version of the occurrence in which he also got it recorded that the motive behind the occurrence is that they (complainant) had purchased the land from Bhan Singh, uncle (chacha) of accused Jagtar Singh and Gurlal Singh and regarding which the accused had a doubt about the measurement of the same in that they were under a doubt that the complainant had been cultivating the land in excess. HC Harbans Singh marked his endorsement Ex.PF/1 on the statement of Ex.PF of the injured Petitioner/complainant and sent the same to the Police Station on the basis of which formal FIR Ex.PF/2 was registered.
(3.) ON completion of the necessary investigation, the challan against the accused was presented before the Court of learned Illaqa Magistrate, which in due course of time and after performance of the necessary formalities in the matter of supplying the copies of the documents to the accused as required under Section 207 Code of Criminal Procedure was committed to the Court of learned Sessions Judge, Sangrur.;