JUDGEMENT
Mehinder Singh Sullar, J. -
(1.)TERSELY , the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant appeal as claimed by appellant -complainant Gurdev Singh son of Chanda Singh (for brevity "the complainant") and emanating from the record, are that he had been openly projecting the excesses committed on poor & innocent people by the police of Police Station Longowal, District Sangrur. On 22.3.1990 at about 6.00 P.M., Baldev Singh SHO and his driver Baljit Singh respondents -accused (for short "the accused") with one or two other constables came to his (complainant) house in a jeep. They immediately started dragging, beating, threatened him to falsely implicate in some criminal case and demanded Rs. 2000/ - from him. The complainant showed his inability to pay the amount. In the meantime, his son Gurcharan Singh also came there. Thereafter, the accused dragged them from their court -yard. They forcibly took them in a jeep to the police station in the presence of Gurmail Singh son of Sajjan Singh and Ram Singh son of Kaka Singh. They illegally detained, started beating them and kept the complainant hung head downward throughout the night. The case of complainant further proceeds that on 23.3.1990, the accused again started torturing the complainant and his son in a brutal manner. At about 7 P.M. Jagraj Singh son of the complainant came to the police station and handed over an amount of Rs. 400/ - to him in lock up. Subsequently, the indicated amount was stated to have been given by him to Baldev Singh SHO. Thereafter, at about 8 P.M., they were let off by the accused in the presence of Dev Singh, Sarwan Singh sons of Gurdial Singh, Mall Singh son of Chanan Singh and Gurdev Singh son of Chuhar Singh. The complainant and his son were unable to walk properly on account of injuries caused to them by the accused. On 24.3.1990, they were medico legally examined in Civil Hospital, Sangrur.
(2.)NARRATING the sequence of events, in all, the complainant claimed that the accused have illegally detained him & his son, extorted Rs. 400/ -, gave merciless beatings, caused injuries and threatened them with dire consequences of false implication in some criminal case. In the background of these allegations, the complainant filed the criminal complaint against the accused for the commission of offences punishable under sections 323, 330, 343, 357, 365, 385, 448, 500 and 506 IPC in the manner depicted here -in -above.
Taking into consideration the preliminary evidence brought on record by the complainant, the trial Magistrate summoned the respondents -accused to face the trial, for having committed the offences punishable u/ss 323, 343 and 506 IPC, by means of order dated 7.11.1990. Ultimately, they were charge -sheeted for the commission of offences punishable u/ss 323, 342, 506 and 384 IPC, by virtue of charge sheets dated 2.7.1998 and 12.7.2000 and the case was slated for evidence of the complainant.
(3.)THE complainant, in order to substantiate the charges framed against the accused (after charge) himself appeared as PW1 and attempted to corroborate the allegations contained in his initial complaint. He has also examined PW2 Dev Singh son of Gurdial Singh, who has deposed that on 23.3.1990 at about 6.30 PM, Jugraj Singh son of Gurdev Singh came and paid Rs. 400/ - to him (complainant) in Police Station Longowal in the presence of other persons. The complainant & his son were unable to walk on account of injuries caused to them by the police. On 24.3.1990, he got them admitted in Civil Hospital, Sangrur for medical treatment. In cross -examination, he has admitted that the complainant is his brother -in -law (gainer) & husband of his sister. An amount of Rs. 400/ - was not paid in his presence as he was outside the gate of the police station. Statement of PW3 Gurmail Singh is also to that effect.
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