PERHLAD Vs. HANS RAJ AND ORS.
LAWS(P&H)-2011-9-194
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 12,2011

Perhlad Appellant
VERSUS
Hans Raj And Ors. Respondents

JUDGEMENT

Ajai Lamba, J. - (1.) THIS petition is directed against judgment of acquittal recorded by Additional Sessions Judge -II, Fatehabad vide judgment dated 24.2.2011. Reason of acquittal in the complaint case can be summed up if reference to para 18 of the judgment is made, which is as under: From the above discussed medical evidence, it is proved that the complainant party had a fracture on right forearm whereas the accused had a fracture on parietal bone. In the first place, looking to the fact that the occurrence had erupted at a time when it was not the complainant's turn of water, per new warabandiEx.P -10, the complainant party appears to be the aggressors as also the persons who were trying to draw water in breach of new warabandi. So, it is doubtful that they had received the injuries in the alleged manner. The possibility rather is that they had sustained injuries in the quarrel which ensued when they tried to draw water in breach of new warabandi and that the accused had caused them injuries in exercise of right of self defence which accrued to them on infliction of injuries on their person which were more grave in nature as compared to complainant's injuries. Be that as it may, a benefit of doubt in these circumstances, undoubtedly is warranted in favour of the accused.
(2.) LEARNED Counsel appearing for the Petitioner has not been able to show to the Court any piece of evidence that was relevant, which however has not been considered while recording acquittal of the Respondents. Learned Counsel further has not been able to draw attention of the Court towards any piece of evidence that has been perversely read that has caused manifest injustice. A possible opinion has been formulated by the Court below which deserves No. interference in appeal against acquittal.
(3.) ACCORDINGLY , this petition is dismissed.;


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