VIKAS CHODHA Vs. MUKADAR LAL AND OTHERS
LAWS(P&H)-2012-10-577
HIGH COURT OF PUNJAB AND HARYANA
Decided on
October 06,2012
VIKAS CHODHA
Appellant
VERSUS
MUKADAR LAL AND OTHERS
Respondents
Referred Judgements :-
ASHOK KUMAR VS. STATE OF RAJASTHAN [REFERRED]ALLARAKHA K MANSURI VS. STATE OF GUJARAT [REFERRED]
CHANDRAPPA VS. STATE OF KARNATAKA [REFERRED]
STATE OF GOA VS. SANJAY THAKRAN [REFERRED]
MRINAL DAS VS. STATE OF TRIPURA [REFERRED]
STATE OF RAJASTHAN VS. SHERA RAM ALIAS VISHNU DUTTA [REFERRED]
STATE OF PUNJAB VS. HANSA SINGH [REFERRED]
JUDGEMENT
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(1.)This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 31.10.2011 Respondents No.1 to 5 were arrayed as accused in FIR No. 81 dated 25.4.2006, Police Station Adampur, for commission of offences under Sections 450 & 326 IPC read with Section 149 IPC.
(2.)On receipt of a copy of medicolegal report on 25.4.2006 qua Jit Ram, Vikas Chodha (applicant) and other, the process of investigation was started by Assistant Sub Inspector Ajay Kumar, who went to the Civil Hospital, Adampur and recorded a statement of Surjan Chodha.Criminal Misc. No. A-160-MA of 2012 (O&M) 2 The trial Judge has noted the following facts from his statement:-
"that he is running his shop of Grocery. At around 12.30/1 pm at 25.04.2006, Mukadar Lal armed with Spade, his brother Shammi armed with Takua, his brother Kamal bare handed and Ashok armed with iron rod along with Ajay Kumar armed with knife entered his shop. Shashi, Sahib, Sodhi,Jit, Tirath, Shambhu, Bagga all resident of Alawalpur alongwith Jassa R/o Beas and Jimmi R/o Sanghwala kept standing out side his shop. Mukadar Lal exhorted lalkara that he should taught a lesson for demanding Rs.3100/- for the grocery goods. He also told him to give the entire money, failing which he would be killed. He then got into the STD booth which was in his shop and bolted the door and gave a call to his family members. In the mean time, all of them started causing damage to his shop. Thereafter his brother Husan Lal and his nephew Vikas Chodha also came. Mukadar Lal again exhorted Lalkara that his relatives will also be caught up. All of them came out of the shop and he also came out of the STD booth. Then Husan Lal and Vikas came in the shop and then Shammi gave a Takua blow upon Husan Lal, which fell on his head, Ajay Kumar gave a knife blow upon his nephew, which fell on his forehead. Ashok Kumar gave iron rod blow upon Husan Lal, which fell on his right wrist. Kamal, who was standing out side gave a brick blow, which fell on glass of his counter. In the mean time, all of the locality people gathered and on seeing them, all the accused fled away from the scene of occurrence on their vehicles."
(3.)It was reported that the assailants/respondents No.1 to 5 had taken away a sum of Rs. 10,000 form a safe lying in the shop of Surjan Chodha.
(2.)On receipt of a copy of medicolegal report on 25.4.2006 qua Jit Ram, Vikas Chodha (applicant) and other, the process of investigation was started by Assistant Sub Inspector Ajay Kumar, who went to the Civil Hospital, Adampur and recorded a statement of Surjan Chodha.Criminal Misc. No. A-160-MA of 2012 (O&M) 2 The trial Judge has noted the following facts from his statement:-
"that he is running his shop of Grocery. At around 12.30/1 pm at 25.04.2006, Mukadar Lal armed with Spade, his brother Shammi armed with Takua, his brother Kamal bare handed and Ashok armed with iron rod along with Ajay Kumar armed with knife entered his shop. Shashi, Sahib, Sodhi,Jit, Tirath, Shambhu, Bagga all resident of Alawalpur alongwith Jassa R/o Beas and Jimmi R/o Sanghwala kept standing out side his shop. Mukadar Lal exhorted lalkara that he should taught a lesson for demanding Rs.3100/- for the grocery goods. He also told him to give the entire money, failing which he would be killed. He then got into the STD booth which was in his shop and bolted the door and gave a call to his family members. In the mean time, all of them started causing damage to his shop. Thereafter his brother Husan Lal and his nephew Vikas Chodha also came. Mukadar Lal again exhorted Lalkara that his relatives will also be caught up. All of them came out of the shop and he also came out of the STD booth. Then Husan Lal and Vikas came in the shop and then Shammi gave a Takua blow upon Husan Lal, which fell on his head, Ajay Kumar gave a knife blow upon his nephew, which fell on his forehead. Ashok Kumar gave iron rod blow upon Husan Lal, which fell on his right wrist. Kamal, who was standing out side gave a brick blow, which fell on glass of his counter. In the mean time, all of the locality people gathered and on seeing them, all the accused fled away from the scene of occurrence on their vehicles."
(3.)It was reported that the assailants/respondents No.1 to 5 had taken away a sum of Rs. 10,000 form a safe lying in the shop of Surjan Chodha.
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