JUDGMENT

N.S.Shekhawat, J. - The present appeal is directed against the judgment dated 17.03.2009, passed by learned Additional Sessions Judge, Barnala, whereby the respondents were ordered to be acquitted. The learned trial Court held that the prosecution had failed to establish the guilt of the accused, as per the demanding degree of proof and in view of the flaws pointed out by the defence, serious doubts were raised about the truthfulness of the prosecution case.

2. The brief facts of the prosecution are that the FIR in the instant case was got registered by Gurjeet Singh, injured. He stated that at about 9.00 p.m. on 02.08.2006, he was returning to his house from his fields and reached near bus stand Thuliwal, at that time Karnail Singh S/o Randhir Singh, accused armed with a gandasa, Gurcharan Singh S/o Inder Singh, accused armed with kulhari (axe), Kala Singh S/o Nachhatar Singh, accused armed with 12 bore rifle, Makhan Singh S/o Gurdev Singh, accused armed with a gandasi and Kala Singh S/o Maghar Singh, accused armed with a gandasi, all residents of village Thuliwal alongwith two unknown persons came and encircled the complainant. Gurcharan Singh, accused gave a blow with kul