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N. S. SHEKHAWAT
State of Punjab – Appellant
Versus
Gurdev Singh – Respondent
N.S. SHEKHAWAT, J.
1. The State of Punjab has filed the instant appeal before this Court, challenging the judgment dated 16.12.2005, passed by Additional Chief Judicial Magistrate, Sangrur, whereby, the respondent was acquitted of the charges under Section 337, 338, 427 and 304-A of the Indian Penal Code (for short ‘IPC’). The learned trial Court held that the prosecution had failed to prove its case against the accused beyond the shadow of reasonable doubt and by extending the benefit of doubt, the respondent was ordered to be acquitted.
2. The facts of the case in brief are that on 09.08.2002, ASI Surinder Pal received a ruqa from PHC, Bhawanigarh regarding the admission of two injured, namely, Binder Singh and Ramesh Kumar S/o Tej Ram and on getting the information, ASI Surinder Pal along with other police officials reached PHC, Bhawanigarh. He sought an opinion regarding the fitness of the injured to make the statement and it was found that both the injured had been referred to Rajindra Hospital, Patiala for treatment, keeping in view their critical condition. ASI Surinder Pal visited Rajindra Hospital, Patiala and sought an opinion with regard to fitness of the injured. Injured
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