Dismissed

Des Raj v. State of Punjab etc.

Punjab & Haryana HC16 Jul 2012CRM-A/118/2012

Case brief

AI extract

What is this about?

This judgment declined the applicant's leave to appeal under Section 378(4) CrPC against the acquittal of respondents. The High Court affirmed that the first appellate court rightly acquitted them as the prosecution failed to prove its case beyond reasonable doubt due to missing reliable witnesses and contradictions.

What did the court decide?

Leave to appeal is declined; application dismissed.

Des Raj Vs State of Punjab etc. — Criminal Trial and Appeal | Punjab & Haryana HC (2012)

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CRM-A No.118-MA of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-A No.118 of 2012

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Date of decision : 16.07.2012

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Des Raj

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...Applicant-appellant

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Versus

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State of Punjab and others

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...Respondents

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CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. S.S. Rangi, Advocate, for the petitioner.

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JITENDRA CHAUHAN, J. (Oral)

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The applicant-complainant has preferred this application under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal against the acquittal of respondent Nos.2 to 4 vide judgment dated 01.12.2011 (Annexure P-1) passed by the learned Additional Sessions Judge, Ludhiana (for short, 'the first appellate Court').

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Respondent Nos.2 to 4 were tried by the Court of learned Sub Divisional Judicial Magistrate, Samrala, (for short, 'the trial Court'); convicted and sentenced for commission of offences punishable under Sections 323/324/452/34 of the Indian Penal Code

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CRM-A No.118-MA of 2012

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vide judgment of conviction and order of sentence dated 12.11.2008 (Annexure P-3). Feeling aggrieved, respondent Nos.2 to 4, approached the first appellate Court, which reversed the findings of conviction and sentence recorded by the learned trial Court and acquitted them of the charge framed against them. Hence, the present application.

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Heard.

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As per the prosecution story, on the fateful day, the complainant, along with his wife, Jasbir Kaur, had gone to his shop for taking a round at about 10.30 p.m. He found that four persons, with some bad intention, were standing on the adjoining roof of Palu Ram. When he threw the torch light towards them, they suddenly jumped from the roof, entered in the shop, and inflicted injuries upon the complainant.

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At the first instance, the prosecution story itself does not inspire confidence. It is highly improbable that the complainant would take his wife to the shop at 10.30 p.m. for taking a round. Neither Shingara Singh, the father of the injured, who has been stated to be sleeping inside the shop at the time of occurrence, nor the Investigating Officer, has been examined. Therefore, for the reasons best known to the prosecution, the best witnesses who could prove the case of the prosecution, have been withheld. Moreover, in his cross-examination,

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CRM-A No.118-MA of 2012

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complainant-Des Raj, has stated that all the accused were empty handed. The general allegation of inflicting one injury each by all the four accused also does not advance the case of the complainant. No specific injuries have been attributed to any of the accused.

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In these circumstances, the learned first appellate Court has rightly held that the prosecution has failed to prove its case beyond reasonable doubt and acquitted respondent Nos.2 to 4 of the charge framed against them.

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Hence, no ground for grant of leave to file an appeal is

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made out. Leave to appeal is declined.

Dismissed.

16.07.2011

atulsethi

(JITENDRA CHAUHAN) JUDGE

Des Raj v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

Des Raj v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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