A.N. Jindal, J. - (1.) THIS appeal has arisen out of the judgment dated 09.05.1997 passed by Sub Divn. Judicial Magistrate, Malout acquitting the accused of the offence under Sections 326,324, 323 read with Section 34 IPC.
(2.) FACTUAL matrix of the case, which culminated into trial, is that on 17.12.1993 at about 7 am Pritam Singh was returning to his house after answering the call of nature whereas Balwinder Singh was going ahead of him. When Balwinder Singh reached near the village school and the farm of Surjit Singh then Respondent Kaka Singh and Beera Singh armed with Kapas alongwith Baljinder Singh armed with Gandsa and one Jarnail Singh were seen coming from the opposite side. On the extortion of Jarnail Singh, Kaka Singh inflicted a Kapa blow on the left hand of Balwinder Singh. Beera Singh inflicted a blow on the left knee and Baljinder Singh inflicted a gandasa blow from the reverse side of his head. In the meantime Joginder Singh also arrived there, consequently, all the Respondents after causing more injuries to Balwinder Singh fled away with their respective weapons. The injured was shifted to Civil Hospital Malout, where he was medically examined. Motive behind occurrence is that Balwinder Singh and Kaka Singh were not eye to eye with each other due to an altercation which took place prior to the occurrence. On the statement of the injured Balwinder Singh, FIR was registered; investigation commenced. It would be pertinent to mention here that during the occurrence Kaka Singh and Beera Singh had also suffered injuries which was also investigated and found to be false. The accused were arrested; the site plan was prepared and the ML Rs of the injured were also prepared. The statements under Section 161 Cr. P.C were recorded. On completion of the investigation, challan was presented in the Court. The accused were charged under Section 326, 324,323 read with Section 34 of the IPC to which they pleaded not guilty and claimed trial.
(3.) IN order to secure the conviction of the Respondents, the prosecution examined Dr. G.S. Bhullar(PW1), Balwinder Singh injured(PW2), Mangal Singh, complainant (PW3), Baldev Singh, ASI(PW4) and closed the prosecution evidence.;