Jagdish v. Jagdish Inspector And ANR

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.A-895-MA of 2015 .....

Date of decision:27.7.2016 Jagdish ...Applicant v.

Shri Jagdish Inspector and another

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Pankaj Bali, Advocate for the applicant.

......

Inderjit Singh, J.

The complainant/applicant has filed this criminal miscellaneous application under Section 378(4) Cr.P.C. against Shri Jagdish Inspector and Ravi Thukran for grant of leave to appeal against the judgment dated 13.3.2015 passed by learned Judicial Magistrate Ist Class, Karnal, vide which the complaint No.1298 of 2013 under Sections 323, 324, 326, 506 and 34 IPC filed by Jagdish, has been dismissed and the accused have been acquitted.

It is mainly stated in the application that the accompanying appeal is being filed against the impugned judgment dated 13.3.2015 passed by learned Judicial Magistrate Ist Class, Karnal, which is likely to succeed on the grounds mentioned therein. The learned trial Court has completely erred while dismissing the complaint on the ground that the appellant/ complainant has not proved the guilt of the respondent/accused persons

[2] beyond the shadow of reasonable doubt and the accused are entitled to be given benefit of doubt. The order passed by the learned trial Court is not sustainable in the eyes of law because the learned trial Court has failed to consider that due to said order a great prejudice will be caused to the rights of the applicant. Therefore, it has been prayed that leave to file appeal may be granted.

I have heard learned counsel for the applicant and have gone through the record.

From the record, I find that complainant-Jagdish son of Shri Hota Ram filed complaint against Shri Jagdish Inspector, Mines and Geology Department, Panipat and Ravi Thukran, Assistant Mining Engineer, Panipat for the offences under Sections 323, 324, 326, 506 and 34 IPC. The brief facts of the complaint as noted by the learned Judicial Magistrate Ist Class, Karnal, in the judgment dated 13.3.2015 are as under:- "In brief, the facts of the present complaint are that on 23.1.2011 at about 12.30 p.m., the complainant was standing at Sector 5, Urban Estate, Karnal in order to purchase sand. It has been further averred that many trollies and buggies loaded with sand were standing at the said place for sale of sand etc. In the meantime, one red coloured Bolero Jeep came at the spot from which the accused No.1 & 2 came down and asked the complainant as to from where he had brought the Buggi of sand. The complainant replied that he had no concern with the said Buggi of sand. On hearing this, both the accused became

[3] furious and started giving filthy abuses to the complainant. The complainant objected to the act of accused persons, upon which, the accused No.1 asked the accused No.2 to catch hold him and he would be taught a lesson to the complainant for raising objection. The accused No.2 caught hold the complainant from back side and accused No.1 picked up a gandasi and gave a gandasi blow on the right hand of the complainant. The complainant fell down on the ground and then, accused No.2 gave several kick blows on the chest of the complainant. The accused No.1 also gave kick blows on the foot and knee of the complainant. The complainant raised an alarm, upon which, one Surjit Singh, resident of Dinger Majra and Pardeep Sharma, resident of Sekhpura came at the spot and rescued the complainant from the clutches of the accused.

The accused fled away from the spot after threatening the complainant that he would be done to death as and when they would get an opportunity. Thereafter, the complainant was taken to G.H. Karnal by aforesaid Surjit and Pardeep, where he was medico-legally examined by Dr. Sucha Singh, Medical Officer and injury No.3 was found to be caused by a sharp edged weapon and the same was advised for X-ray examination. The X-ray of complainant was got done by Dr. Sarita Bishnoi, Medical Officer at G.H. Karnal.

[4] No.128 on 31.01.2011, but no action was taken against accused by the Police. Finding no other alternative, the complainant instituted the present complaint."

The learned Judicial Magistrate Ist Class, Karnal, after perusing the evidence produced by the parties dismissed the complaint and acquitted the accused. Aggrieved from this order, present application has been filed seeking leave to appeal.

A perusal of the record shows that the complainant examined Dr. Sarita Bishnoi, Medical Officer, G.H. Karnal, as CW-1 and she deposed that on 23.1.2011, she radiologically examined complainant Jagdish and found old fracture lower and of right ulna with non-union. She has proved the X-ray report of the complainant which bears her signatures. This statement of the doctor itself shows that the injuries have not been suffered by the complainant in the occurrence on 23.1.2011 as alleged by him. Rather, this fracture was old one. So, only this evidence is sufficient to create a reasonable doubt in the prosecution version. CW-2 is Dr. Sucha Singh, Medical Officer, CHC, Safidon (Jind). He medico-legally examined the complainant Jagdish and proved the medical report.

The Court held that CW-2 also stated in the cross-examination that possibility of these injuries being self-inflicted and caused with friendly hands cannot be ruled out and there is no apparent mark of injury. The statement of CW-2 further creates a reasonable doubt in the prosecution version. Further the Court held that from the perusal of the documents Ex.D.1, Ex.D.2 and Ex.D.4, it is clear that the complainant has also moved an application to S.P.

[5] action against the accused persons, but as per the report Ex.D.2, Rapat No.15 Ex.D.4, said application was filed and no action was taken as it was found to be false. The Court below further held that accused No.2 was on leave from 22.1.2011 to 27.1.2011 as his leave application Ex.DW.1/A was duly proved by Wazir Singh, SDO as DW-2. The Court further held that there are material discrepancies and contradictions in the statements of the witnesses.

From the perusal of the record specially the judgment passed by the learned Judicial Magistrate Ist Class, Karnal, I find that the findings have been given while appreciating the evidence in right perspective. Nothing has been pointed out as to which material evidence has been misread by the Court below and which material evidence has not been considered by the Court. Nothing has been pointed out as to how the findings given by the learned Judicial Magistrate Ist Class, Karnal, are perverse and against the evidence or law. Nothing has been pointed out as to what illegality has been committed by the Court below. Keeping in view the above discussion, I find that the findings given by the Court below are correct as per evidence and law. In view of the above discussion, I do not find any ground to grant leave to file appeal. Therefore, finding no merit in the criminal miscellaneous application filed under Section 378(4) Cr.P.C. seeking leave to appeal, the same is dismissed.

July 27, 2016.

(Inderjit Singh) Judge *hsp*

[6] NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No