- (1.) This appeal has been preferred by the complainant / victim, Chamkaur Sharma @ Kala against the judgment dated 9.12.2013 passed by the Court of Additional Sessions Judge, Patiala, vide which respondents No.1 to 5 have been acquitted of the charges framed against them under Sections 148 / 307 / 323 / 506 read with Section 149, IPC. The prosecution story which evolves from the facts as mentioned in the impugned judgment is that on 19.05.2009 at about 3:00 PM, Savitri Devi, mother; Mohan Lal, father and Rubli daughter of complainant-Chamkaur Sharma had gone to the fields situated beyond the urban area. On reaching there they found Shish Pal, his son Rajesh Kumar, Iqbal Singh, Chowkidar, Lachhman Dass @ Kuku along with 5-7 other unidentified persons present in the fields. One Iqbal Singh was ploughing the field with the help of tractor attached with cultivator. His father and mother raised an alarm to stop tractor, but the said Iqbal Singh instead of stopping tractor brought the same near to his father and struck its front tyre against him, who, as a result thereof fell down. When his daughter and mother came forward to rescue his father Mohan Lal, then they were also given fist blows by Shish Pal & others. Further, Shish Pal also raised lalkara to kill his father by giving him some poisonous substance instead of running tractor over him. Then, the abovesaid accused administered some poisonous substance to him. His daughter anyhow succeeded to reach the village and informed him about this occurrence. Upon this, complainant along with Kapoor Chand and some other persons of the village reached at the spot. On seeing them, all the assailants ran away from the spot with their tractor and car. The injured was brought to Civil Hospital, Samana, from where he was further referred to Rajindera Hospital, Patiala, where he was got admitted and treated. Then this case was registered on the basis of above discussed statement of complainant. On completion of investigation, challan against the present respondents / accused was presented.
(2.) Accused were charge-sheeted for the offences punishable under Sections 148 / 307 / 323 / 506 read with Section 149 IPC, to which they pleaded not guilty and claimed trial. During the trial, the prosecution has examined 9 prosecution witnesses. Then the statements of accused were recorded under Section 313 Cr.P.C., in which they denied all the incriminating evidence brought against them by the prosecution and pleaded their innocence. In their defence evidence they also examined two DWs.
(3.) The learned trial Court after hearing the learned Additional Public Prosecutor for the State, learned counsel for the accused and going through the record as well, acquitted the accused of the abovesaid charges by giving them benefit of doubt vide the impugned judgment.;