Criminal Revision No. 2351 of 2008 (1) In the High Court of Punjab & Haryana at Chandigarh Criminal Revision No. 2351 of 2008 (O&M) Date of decision : 8.9.2009 Satnam Singh ..... Petitioner vs State of Haryana and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Jarnail Singh Saneta, Advocate, for the petitioner. Rajesh Bindal, J. The present revision is filed against the acquittal of respondents no. 2 to 4 by the learned Sub-Divisional Judicial Magistrate, Pehowa, on 6.8.2008 in FIR No. 15 dated 26.1.2001 registered under Sections 323, 325, 34 IPC at Police Station Pehowa, District Kurukshetra. The brief facts of the case are that one Satnam Singh got recorded his statement with the police to the effect that on 25.1.2001 he along with his brother Pargat Singh, after closing the shop, was going towards his village and at about 7.30 p.m. when they reached near the turn of Plot No. 2, accused Lakhbir Singh and Jagir Singh were standing in the middle of the road. They started abusing them and gave severe beating to them with lathi and fist blow. In the meantime a motorcycle came from the front side and on seeing the light of motorcycle, they fled away from the spot. Thereafter, they were admitted in the hospital for treatment. The case was registered by the police and after completion of investigation challan was presented against the accused. They were charged for the aforesaid offences to which they pleaded not guilty and claimed trial. The prosecution, in order to prove its case, examined five witnesses. In their statements recorded under Section 313 Cr.P.C., the accused-respondents denied the allegations levelled against them and stated that they have been falsely implicated in this case. Considering the evidence brought on record in the form of statements of witnesses and documents, learned trial Court vide judgment dated 6.8.2008, acquitted the accused-respondents of the charges framed against them. It is this order which is under challenge in the present revision. Criminal Revision No. 2351 of 2008 (2) Heard learned counsel for the petitioner and perused the paper-book. The petitioner in his statement got recorded before the police stated that when he and his brother Pargat Singh were going to village, accused Lakhbir Singh and Jagir Singh were standing in the middle of the road. There was no previous enmity of the accused persons with the petitioner or his brother. As has been observed by the court below that it was a sudden fight and on the basis of evidence led by the prosecution it cannot be decided that which party was aggressor. The petitioner had named two persons in the FIR but the prosecution has arrayed three persons as accused. It also came on record in the evidence of the petitioner who had appeared as PW1 that the accused party has given them severe beating with lathi and fist blow but the prosecution has produced only the medical record of the petitioner. The court below has rightly held that when there were three persons, it is not possible that only petitioner Satnam Singh had received the injuries and no other person received any injury in the fight. In the absence of link evidence, the prosecution has failed to prove the charges framed against the accused-respondents beyond reasonable doubt. On the basis of the material placed on record, the court below cannot be said to have gone wrong in acquitting them. Moreover, the alleged occurrence took place on 25.1.2001 and since then they had been facing the agony of trial and had suffered a lot. In view of the above discussion, finding no merit in the revision, the same is dismissed. 8.9.2009 ( Rajesh Bindal) vs. Judge