Revision petition by complainant against acquittal of respondents in murder case. High Court found no illegality or irregularity in impugned judgment. Petition dismissed.
Revision petition of Hardial Singh dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 450 of 2001 Date of decision: 03.03.2009
Hardial Singh
... Petitioner
Vs.
Lakhi alias Balwinder Singh and others
... Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. M.S. Joshi, Advocate for the petitioner. None for the respondents No.1 to 3. Ms. Simsi Dhir, AAG, Punjab for the respondent No.4.
A.N. Jindal, J
This revision petition is directed against the judgment dated 25.10.2000, passed by the learned Sessions Judge, Sangrur, acquitting the respondents-accused Lakhi alias Balwinder Singh and Amarjit Singh of the charges under Sections 460, 302, 324, 34 IPC.
No revision petition has been filed by the State.
Hardial Singh complainant (herein referred as “the complainant”) has preferred this petition.
The prosecution version is that the complainant and Nand Singh (now deceased) were living jointly. During the night of 10/11.12.1998, after taking meals, they had gone to sleep in their respective rooms. At about 1/1.30 a.m. one person entered the room by scaling over the wall, break down the bolt chain of the outer gate of the house from inside. On hearing the sound, the complainant, Nand Singh and his wife Manjit Kaur woke up. They came out of the room and saw that one person was pulling the buffalo by holding its chain. Nand Singh raised hue and cry, at this, the said person after leaving the buffalo inflicted a dagger blow in the abdomen of Nand Singh. Resultantly, he fell down. The said assailant tried to flee away but was over powered by the people and brought to the hospital at Sunam along with Nand Singh, from where Nand Singh was referred to Rajindra Hospital, Patiala. Ultimately, Nand Singh died on 12.12.1998. The three accused namely Ashok Kumar (since proclaimed
Crl. Revision No. 450 of 2001
-2-
offender) along with both the respondents were challaned.
On trial the accused were acquitted of the charges.
Having scrutinized the records, as per first version given by Nand Singh as well as Hardial Singh, the respondents were not attributed any part. The main accused Ashok Kumar is at large. The impugned judgment does not smell of any such irregularity or illegality resulting into miscarriage of justice. The evidence appears to have been appreciated in the right perspective.
Resultantly, the instant petition being unmerited is dismissed.
March 03, 2009 deepak
(A.N. Jindal) Judge
1 issue framed by the court
Whether the acquittal of the respondents attracts revisional interference under Section 401 CrPC.
Hardial Singh
Lakhi alias Balwinder Singh
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
