Criminal Misc. No. 359-MA of 2008 (1) In the High Court of Punjab & Haryana at Chandigarh Criminal Misc. No. 359-MA of 2008 (O&M) Date of decision : 5.11.2009 Prem Singh ..... Applicant vs Jaimal @ Mala and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Aggarwal, Advocate, for the petitioner. Rajesh Bindal J. This petition has been filed by the complainant/ applicant seeking leave to appeal against the judgment dated 3.5.2008 passed by the learned Judicial Magistrate 1st Class, Karnal in complaint case No. 128/06 under Sections 323, 452, 427, 506, 34 IPC acquitting the respondents. The brief facts of the case are that on 18.3.2006, the accused- respondents allegedly attacked the complainant/applicant with lathis and dandas when he was taking rest inside the kotha constructed in his fields and caused injuries on his person. On hearing his noise, Shamsher, Jagdish and Ravinder and other villagers reached there and saved him from the clutches of the accused. He then went to the police station along with his son Tejender Singh to report the matter where he was asked to first get his medical examination conducted. After getting himself medico-legally examined, the complainant again approached the police to take action against the accused-respondents. But the police, instead of taking any action against the accused-respondents, challaned the complainant and the accused-respondents under Section 107/151 Cr.P.C. He also moved representations to the higher authorities but no action was taken against the accused-respondents and this resulted into filing of the present complaint. The motive behind this incident as has been alleged by the complainant was that the complainant and the accused-respondents have a joint gohar for their respective fields and the accused-party wanted to encroach upon it. After the dismissal of injunction application filed by the accused-respondents in the civil court, they were having a grudge against the complainant and his family members. After conclusion of trial, the accused-respondents were acquitted by the trial court which led to the filing of present petition for leave to appeal. Criminal Misc. No. 359-MA of 2008 (2) The main argument of the learned counsel for the applicant was that the court below acquitted the accused-respondents while relying upon document, Ex. D1, which was never confronted to the applicant-complainant and thus, the acquittal of the accused-respondents is illegal. The court below has not only considered this document while recording the finding of acquittal in favour of the accused-respondents but also considered the medical as well as the oral evidence led by the parties. Dealing with the statements of alleged two eye witnesses CW1 and CW2, the trial court rightly held that being the near relatives of the complainant they were the interested witnesses and both of them were facing the civil litigation filed by the accused party. The applicant has stated in his complaint that on hearing his noise many villagers gathered at the spot but except the aforesaid two persons no other was produced in the witness box. In the complaint, it was also alleged that the accused-respondents gave him injuries with lathis and dandas when he was taking rest in the kotha in his fields. According to MLR, Ex. CI, there were six injuries on his person, out of which five were in the nature of complain of pain, and injury no. 3 was also found to be simple on the back of right hand. It also does not sound to reason that three persons armed with deadly weapons and having a motive of encroachment would cause only simple injuries. The version of the complainant was rightly disbelieved to be true by the court below. In view of the above, I do not find any merit in the application for grant of leave to appeal, accordingly the same is dismissed. 5.11.2009 ( Rajesh Bindal) vs. Judge