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1996 Supreme(P&H) 524

K.K.SRIVASTAVA
Parshotam Lal – Appellant
Versus
Shingara Ram – Respondent


Judgment

K.K.Srivastava, J.

1. This Criminal Revision has been filed against the order dated 26.8.1995 passed by the Judicial Magistrate Ist Class, Nawanshahar.

2. The revisionist is the complainant who had filed the complaint, under Sections 307/352/323/504/506/34, Indian Penal Code (hereinafter referred to as the Code). The complaint was filed on the allegations that on 12.9.1993 at 10 A.M. in the area of Rohon near Gurdwara, the accused-respondents had assaulted the complainant with fist blows and pulled him from his hair. The accused-respondent No. 1 Shingara Ram wrapped his waist belt around the neck of the complainant and started dragging him. The complainant led preliminary evidence. The learned Magistrate, after perusing the evidence led by the complainant, ordered Shingara Ram and Smt. Bimla wife of Shingara Ram to be summoned under Sections 352/323/34 of the Code by order dated 5.3.1994. The accused were tried as a summons case and notice of accusation under Sections 352/323 read with Sections 34 of the Code was served upon the accused. The accused pleaded not guilty to the accusation and they were tried.

3. At the trial, the complainant Parshotam Lal appeared as P.W. 1 an




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