JUDGEMENT
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(1.) On 4.11.2010 FIR No. 159 under Sections 307/452/148/149 IPC was registered at Police Station Division No.2, District Jalandhar, on the statement of Shri Krishan Lal son of Nand Lal resident of House No.47, Mohalla Ashok Nagar, Jalandhar.
(2.) As per the FIR, the complainant-Krishan Lal has made a statement that "I along with my brother Ramesh Kumar was selling the sugar then at about 3.30 P.M. our servant was loading the articles on Rehri then on motorcycle one young boy namely Bunty came there. There was rush in the market due to Diwali. Due to this the motorcycle stopped. On the stop of motorcycle the motorcyclist started abusing the servant. When my brother Ramesh Kumar stopped him to do this they also started abusing them. On hearing this people and other shopkeepers gathered there and by abusing and threatening us he ran away from there on motorcycle and thereafter about 2 hours Bunty along with Manu Fruit Wala Malka Chowk and Ravi @ Pauua resident of Tel Wali Gali and 20/25 other persons who were lashed with Kirpans and sticks in their hands reached there and attacked on the complainant and his nephew in the shop where they were sitting and by using hot words give a Kirpan blow on the head of my nephew which was hit by Bunty and my nephew got injured. When I kept him, I was also given sticks blows. On then other shopkeepers rushed there. By throwing cold drinks bottles and by making Lalkaras they gone towards Jail side. They given Kirpan blow on my nephew with the intention to kill him. I was arranging the conveyance and then father of Sachin Kumar reached there and by arranging the vehicle injured Sachin Kumar was admitted in the Satyam Hospital where my nephew is under treatment."
(3.) During investigation, a report was submitted by the Assistant Commissioner of Police, Central, Jalandhar on 26.4.2011 (Annexure P2) whereby offence under Section 307, 452 IPC was not made out against any of the accused and they were found innocent and proceedings were initiated for offence under Sections 323, 148, 149 IPC.;
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