- (1.) Anil Punia, the complainant has filed this application under Section 378 (4) Cr.P.C., seeking leave to file an appeal against judgment dated 16.7.2011, acquitting the respondent Nos.1 to 4 of the charges framed against them.
(2.) The respondents along with Karambir @ Kamma, Hardev Singh and Taranjit Singh @ Bhura were put to face trial for commission of offences under Sections 323, 324, 325, 326, 307, 506/34 IPC. On a statement made by PW1 Anil Punia on 4.12.2006, an FIR No.631 was registered against the above accused. Hardev Singh and Karambir @ Kamma died during pendency of trial. Taranjit Singh @ Bhura was declared a proclaimed offender on 2.2.2010. The trial continued against the above respondents and it resulted into their acquittal vide the impugned judgment. It was allegation against the respondents that they along with their companions on 30.11.2006, had caused injuries to Anil Punia (PW1).
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- That on 30.11.2006 Police Station, City Yamuna Nagar received telephonic message from Police Post, Rampura regarding admission of Anil Punia son of Raj Pal, resident of village Garhi Mundo earlier in ciivl hospital, Yamuna Nagar and then in Waryam Singh Hospital, Yamuna Nagar on account of injuries suffered by him in a quarrel from where he was referred to Jinal Hospital, Jagadhri. On receiving the information police party reached Jindal Hospital on 3.12.2006 but the doctor declared Anil Punia unfit for making the statement however, on 4.12.2006 when the doctor declared Anil Punia fit for making statement then his statement was receorded who reported that on 30.11.2006 he alongwith his friend Satinder son of Mam Chand resident of village Gadholi had gone to Yamuna Nagar and when he and his friend reached near the shop of 'Suresh Pal Pan Bhandar' then a car No.HR-02-P-3435 mark Alto white colour in which four-five persons were sitting armed with 'gandasis' and swords and a motor cycle of black colour mark Splendor upon which two persons were riding armed with iron rod and sword came and stopped there and they all attacked the complainant and his friend Satinder. He has further reported that Hardev (since died) was armed with sword and gave sword blow on his head, Bhura gave gandasi blow on left side on his head, Kamal gave gandasi blow on the back of his head. Vicky gave rod blow on his head but he warded off the said attack with his left hand, Sukaram Pal gave sword blow on his head, Kamma gave sword blow on his right leg and Devender @ Khela gave sword blow on his right knee and on account of said injuries he fell down and his friend, Satinder out of fear ran away from the spot and when he shouted for help then several passerby gathered there and after seeing them, assailants ran away alongwith their weapons, car and motor cycle while extending threat to his life. ;