RAMENDRA JAIN,J. - (1.) CRM-23915-2015 Prayer in the instant application filed under Section 5 of the Limitation Act is for condonation of 45 days delay in filing the instant appeal. Heard. There are sufficient grounds mentioned in the application for condonation of delay of 45 days. Hence, the instant application is allowed and delay of 45 days in filing the instant appeal is condoned. CRA-D-1121-DB-2015 Hardial Singh, appellant-complainant has preferred this appeal for setting aside the impugned judgment of acquittal dated 19.02.2015, passed by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Amritsar, acquitting respondents No. 2 and 3, namely; Inder Singh and Gurdeep Kaur.
(2.) Brief allegations of the prosecution against respondents No. 2 and 3 are that on 22.01.2010, the appellant-complainant HC Hardial Singh, was on traffic duty at Hukam Singh Road, Amritsar. Around 4.30 P.M., he saw a Mahindra Car bearing No. PB-02-AT-9401, coming at a very high speed from Majitha Road side. He gave signal to stop it. One clean shaved person later on came to be known as Kuljinder Singh resident of village Taragarh Talawan, alighted from the said vehicle and started quarrelling with the appellant-complainant and abused him. The appellant-complainant when asked him to cool down, said Kuljinder Singh became enraged and torn his uniform and also broke his belt. His accomplices attacked the appellant-complainant with iron rod towards his head and in order to save himself, the appellant-complainant, raised his right hand and resultantly, the rod hit his index finger. Blood started oozing out. He was also obstructed in discharging his duties as a public servant and also criminally intimidated. Thereafter, Kuljinder Singh along with his accomplices fled away from the spot. The appellant-complainant followed them and way laid them by stopping his motorcycle in front of their vehicle, but its driver with an intention to kill him attacked him with iron rod which hit on his index finger of his left hand. Two ladies sitting on the rear seat also gave him fist blows. The incident was witnessed by ASI Kulwinder Kumar.
(3.) Qua this occurrence, FIR No. 11 dated 22.01.2010, under Sections 353/307/332/333/186/506/279 read with Section 34 of the Indian Penal Code (IPC) was registered at Police Station 'A' Division, Amritsar, against respondents No. 2 and 3 as well as their accomplices, namely; Kuljinder Singh and Navdeep Kaur, who were declared as proclaimed offenders by the learned trial Court. ASI Balkar Singh conducted the necessary investigation and prepared rough site plan of the place of occurrence; took into possession the torn shirt and belt; got the appellant-complainant medico-legally examined and arrested respondents No. 2 and 3. After completion of investigation, final report was presented before the learned Area Magistrate.;