R.P. Nagrath, J. - (1.) BY this Common order, CRR No. 2885 of 2010 and CRR No. 3015 of 2010 are being disposed of as these revision petitions arise out of the judgments of the Courts below rendered in FIR No. 48 dated 25.05.2001 under Sections 186, 353, 342, 332 read with Section 34 of the Indian Penal Code (IPC) P.S. Chamkaur Sahib, District Ropar.
(2.) THE facts of the case are briefly narrated: that on 25.05.2001 an application was made by one Prem Singh son of Niranjan Singh against Mohinder Singh son of Niranjan Singh, Ranjit Singh, Kuldeep Singh sons of Mohinder Singh for abusing and extending threats to his life. That complaint was marked to ASI Balihar Singh -complainant for inquiry. He along with C1 Krishan Lal, C1 Sukhwinder Singh, went to the house of Mohinder Singh in village Mundian by associating Sarpanch Inder Singh, Panch Tarlochan. Mohinder Singh and Kuldeep Singh were present in their house. Ranjit Singh -co -accused was found under the influence of liquor. The complainant disclosed his identity to Mohinder Singh and also disclosed about the application of Prem Singh made against them. The complainant told them to join the investigation. In the meanwhile Ranjit Singh asked his father Mohinder Singh to call Rajinder Singh son of Nasib Singh etc. After some time Rajinder Singh, Baldev Singh sons of Nasib Singh reached there. It was at about 7:15 p.m. that Ranjit Singh, Rajinder Singh and Baldev Singh started abusing the Police party and forcibly snatched the file from the complainant. Rajinder Singh also told Mohinder Singh and his son Kuldeep Singh to detain the police officials inside the house by bolting the door and on his instructions Mohinder Singh, Kuldeep Singh closed the door. All the five persons started altercation with the police. Rajinder Singh along with accused Baldev Singh caught hold the uniform of complainant and he was also dragged. After hearing the alarm Balbir Singh son of Bhagat Singh and Swaran Singh son of Narain Singh reached the spot. The occurrence was also witnessed by Inder Singh Sarpanch, Tarochan Singh Panch, Balbir Singh and Swaran Singh. Thereafter all the accused persons fled away after opening the door. Kuldeep Singh and Rajinder Singh also extended threats while leaving the spot. The accused persons have thus caused obstruction in the official duty of the complainant and restrained them inside the house. On the basis of the statement of the complainant formal FIR under Section 186, 353, 342, 34 IPC was registered. Rough site plan was prepared by the investigating officer and statements of the witnesses were also recorded. The uniform of ASI Balihar Singh was also taken into possession vide recovery memo attested by witnesses. On 6.6.2001 the investigation was entrusted to ASI Jatinder Pal Singh and accused surrendered in the Court of Sh. V.K. Goel on 25.06.2001 and obtained the bail and thereafter they were associated in the investigation. On completion of investigation the challan was presented against the accused.
(3.) THE prosecution examined as many as 10 witnesses. The eye witness account of the version was testified by PW -1 HC Krishan Lal, PW -2 HC Sukhwinder Singh, PW -4 ASI Balihar Singh complainant who was stated to have been assaulted while he was performing his duties and PW5 Tarlochan Singh also an eye witness. There was also the medical evidence to corroborate the testimony of eyewitnesses by examining Dr. Jagdish Kaur -PW3 who conducted medico legally examination on the person of Balihar Singh PW -4 on 26.05.2001. The nature of injuries are as under: - 1. A linear abrasion 2.5 CM long oblique in direction just to the left of mid -line at the upper level of eiphisternam. 2. Two adjacent linear abrasions 1 cm apart each 2.5 cm long over outer middle of upper of forearm. 3. Complaint of pain over the left lateral chest wall, vague tenderness present.;