- (1.) Challenge in this criminal revision petition is to the order, dated 29.2.2012, passed by the learned Sub Divisional Judicial Magistrate, Jagraon, whereby the application filed by the prosecution under Section 319, Cr.P.C., was dismissed.
(2.) The brief facts of the case are that the petitioner- complainant, Pritam Singh, made a statement before the police on 22.7.2004, alleging that on 21.7.2004 at about 11.00 a.m., he went to his house and saw that Dalbara Singh and Tanki Chowkidar were installing a water tap in front of his house. Pritam Singh requested them to instal the said water tap at some distance from the door of his house. In the meantime, his brother Zora Singh, who was Deputy Superintendent of Police, also reached there and requested them to fill the pit. On 22.7.2004 at about 6.30 a.m., Dalbara Singh, Nirmal Singh, Kaka Singh, Hakam Singh, Hari Singh, Visakha Singh and Binder Kaur were standing there when the petitioner, Pritam Singh, came back from Gurudwara and asked them to stop the digging of the pit. The accused brought sticks and gandasi and opened attack on Pritam Singh. In the meantime, Zora Singh came there empty handed and thereafter Kaka Singh inflicted a ' gandasi' blow on the head of Pritam Singh; Dalbara Singh, gave 'daang' blow on his arm; Hari Singh gave ' daang' blow to him; Visakha Singh picked up the brick-bat; Binder Kaur was holding ' kahi' and Nirmal Singh started pelting brick-bats. Many people gathered at the spot. The injured was brought to Civil Hospital, Sidhwan Bet, and was medico legally examined.
(3.) After thorough investigation, the police submitted the report under Section 173, Cr.P.C., for the prosecution of six persons.;