PARVINDER Vs. SANDEEP AND ORS.
LAWS(P&H)-2015-7-66
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 13,2015

PARVINDER Appellant
VERSUS
Sandeep And Ors. Respondents




JUDGEMENT

Paramjeet Singh, J. - (1.)THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 03.07.2014 passed by learned Judicial Magistrate Ist Class, Phillaur whereby complaint filed by applicant under Sections 323, 341, 354, 452, 506, 427 of the Indian Penal Code has been dismissed and respondents have been acquitted of the charges framed against them.
(2.)BRIEF facts of the case are that a complaint was filed by the applicant -complainant under Sections 323, 341, 354, 452, 506, 427 IPC that on 15.10.2008 at about 7.00 p.m. complainant along with his mother Usha Rani, sisters Kiran Devi and Pinki went to pay offering and worship at Mata Salani Mandir and when they were worshiping in the temple, all the accused came there. Accused Sandeep, Harvinder Kumar, Darshan Lal and Lashkar Singh started teasing and manhandling sisters of complainant and they also outraged their modesty by using force. Complainant, his mother and sisters objected to the same. Then, all the accused conspired with each other and started abusing and insulting the complainant, his mother Usha Rani and his sisters Kiran Devi and Pinki. It is further case of the complainant that thereafter complainant, his mother and sisters came to their house. Then, all the accused followed complainant, his mother and sisters. All the accused illegally and forcibly entered in the house of the complainant with the intention to cause injuries to them. Accused started beating the complainant, his mother and sisters with their respective dangs in their hands. They caused injuries on the person of the complainant, his mother and sisters. Worshiper who was already present in the temple came to the house of the complainant on hearing the hue and cry and rescued the complainant. When the worshiper was rescuing the complainant, accused Harvinder Kumar scuffled with the worshiper and fell down on the hard surface thereby receiving injuries on his body. It is further case of the complainant that due to suffering of injuries on the night of 15.10.2008 at the hands of accused, complainant himself got medically examined on 16.10.2008 at Civil Hospital, Jandiala. The matter was reported to the local police. There was no injury on the person of mother and sisters, so, they were not admitted in the hospital. They got medicine of pain killer at home. The police did not take any action against the accused, therefore, the complaint was filed.
The complainant led preliminary evidence and deposed himself as CW -1 and examined CW -2 Kiran Devi, CW -3 Pinki, CW -4 Usha Rani and CW -4 Dr. Sat Pal and thereafter closed his preliminary evidence. On the basis of preliminary evidence, the trial Court after finding sufficient grounds vide order dated 27.08.2010 summoned the accused to face trial for the commission of offence punishable under Sections 323, 352, 354 read with Section 34 IPC.

(3.)ON appearance all the accused were admitted to bail.


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