Criminal Revision No.638 of 1996 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.638 of 1996 Date of decision: February 19, 2008 Piara Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Navkiran Singh, Advocate for petitioner. Mr. Amit Chaudhary, Assistant Advocate General Punjab for the State. Kanwaljit Singh Ahluwalia, J. (Oral) In case FIR No.19 dated 20.11.1992, registered at Police Station Thermal, Bhatinda, three persons Gulzara Singh, Gurdeep Singh and Jagdeep Singh were tried for offence under Section 326 read with 34 IPC. The learned trial Court convicted and sentenced Gulzara Singh under Section 326 IPC to rigorous imprisonment for nine months and a fine of Rs.1000/-. In default of payment of fine, to undergo two months rigorous imprisonment. However, Gurdeep Singh and Jagdeep Singh were acquitted. Aggrieved against the acquittal of Gurdeep Singh and Jagdeep Singh, present revision petition has been filed by the complainant. Criminal Revision No.638 of 1996 2 In the present case, no appeal against acquittal has been filed by the State as envisaged under Section 378 Cr.P.C. Mr.Navkiran Singh has stated that probably Gulzara Singh, who had filed appeal against conviction, has been acquitted by the appellate Court. Learned trial Court took delay in lodging the FIR into consideration and held that due to consultations and deliberations, Gurdeep Singh and Jagdeep Singh appear to have been roped-in due to enmity, which stand proved from the documentary evidence available on the file. Further, the learned trial Court observed as under: “At the same time, injury on the person of Piara Singh cannot be said to be a self suffered one. It was caused with the help of gandasa by Gulzara Singh and this fact stand established and proved from the evidence led by the prosecution. Moreover, the allegations against Jagdeep Singh and Gurdeep Singh are that they gave kicks on the body of Piara Singh while he was lying on the ground, after receipt of injury on his arm with gandasa, but there is no medical evidence in this regard to corroborate the version of P.W.s.” Since the appellate Court below has acquitted Gulzara Singh, the entire prosecution case stands doubted. Even otherwise, findings regarding the acquittal of Gurdeep Singh and Jagdeep Singh suffer from no illegality or perversity. Even though, armed with weapons, they are said to have given kick blows, which resulted into no injury. Therefore, no interference is called for in the present revision petition. Same is dismissed. [Kanwaljit Singh Ahluwalia] Judge February 19, 2008. rps