- (1.) This judgment shall dispose of the aforementioned CRA No.1174 SBA of 1999 filed by the State as well as CRR No.1238 of 1999 filed by the complainant against the acquittal of Jagdish Singh and othersrespondents. The appeal and the revision are directed against the judgment dated 3.4.1999, passed by the learned Sub Divisional Judicial Magistrate, Ajnala,whereby he acquitted Jagdish Singh alongwith Sukhdev Singh and Hardev Singh.
(2.) The brief facts of the case, enumerated in para No.2 of the impugned judgment, are reproduced as under:- "On 16.7.1996, ASI Amrik Singh was present at Police Station then Bhajan s/o Sohan Singh, Jat r/o Harshan Chhina came to the police station and gave a MLR of an injured Apar Singh. After receiving the same, ASI Amrik Singh alongwith other police officials reached at Civil Hospital, Amritsar and took the permission of the Doctor for recording the statement of the injured. After getting the permission from the doctor, ASI recorded the statement of injured Apar Singh to the effect that he is a resident of village Pati Sabajpur Harsha Chhina and he is an employee of PSEB, Amritsar. On 15.7.1996, at about 8.30 A.M. he was going towards the heap of dust outside the house and found some fresh dung on his heap. He asked Jagdish Singh why he had seized on his heap. Jagdish Singh then called his brothers Sukhdev Singh and Hardev Singh. Sukhdev Singh and Hardev Singh caught him from the back side and gave fist blows to him. Then Jagdish Singh gave brick bats on his mouth which hit on the upper portion of his right eye, lower portion of his right eye and on the front of nose. On seeking the blood, he raised raula 'MAR DITTA MAR DITTA' and fell down on the ground. Then Bhajan Singh s/o Sohan Singh and Ajaib Singh Lambardar came on the spot. Accused party ran away from the spot. Then Bhajan Singh, Ajaib Singh and his wife Sukhwinder Singh arranged a vehicle and got him admitted in Civil Hospital, Amritsar. After recording the statement of the injured, it was read over to him and in token of its correctness, complainant put his signatures on it. On the basis of the statement of complainant, formal FIR was recorded. Site plan was prepared. Accused were arrested. After completion of investigation, challan against the accused was presented in the Court."
(3.) In order to prove its case, the prosecution examined PW1 Dr.Mohinder Singh, Senior Resident, X-ray Department, Guru Nanak Dev Hospital, Amritsar, PW2 ASI Amrik Singh, PW3 Apar Singh complainant, PW4 Ajaib Singh and closed its evidence.;