- (1.) The present application under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed by the complainant, seeking leave to file appeal against the judgment of acquittal dated 13.5.2010. Another application under Section 5 of the Limitation Act has been filed seeking condonation of delay of 221 days in filing the application under Section 378 (4) Cr.P.C.
(2.) A complaint under Sections 325, 323, 459 read with Section 34 of the Indian Penal Code ('IPC' for short), was filed by the applicant against respondents No. 2 to 4 with the allegations that during the panchayat elections, accused-respondents caused grievous injuries to Ballam Singh and others.
(3.) In order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts noted by the learned trial court and the same read as under:- Brief facts of the complaint are that on 29.5.2003 Panchayat Elections were held in his village Hasanpur and complainant was supporting Gurpiar Singh's party, as a result of which there used to be dispute between complainant and accused persons, who were supporters of Harbans Singh and Kartar Singh's party. When complainant celebrated victory of Gurpiar Singh, accused could not tolerate it and on 20.06.2003 at about 11:00 PM, Buta Singh, Paramjit Singh, Major Singh, Moja Singh and Nachhatar Singh, in connivance with each other, armed with soties and gandasas, broke into the house of complainant. On hearing noise, wife of complainant woke up and switched on light. Above named persons started giving gandasa and soti blows to the complainant. On persistent requests of complaint's wife and his children they left complainant and said that if "Dhed" goes against them in future, they will kill him. In the next morning complainant was got admitted in Civil Hospital, Bhikhi by his wife and cousin brother Kala Singh. Information about said occurrence was given to police of Police Station, Bhikhi. Police had obtained his thumb impression on blank papers and did not take action against accused persons. About seven days after occurrence complainant went to Police Station for knowing about action taken against accused persons, but police refused to take action against accused persons. Hence, he has filed the present complaint against accused persons under Sections 325, 323, 459/34 of the Indian Penal Code, without any delay.;