Judgment

Mr. Harpreet Singh Brar, J.

The present appeal has been preferred against the judgment dated 21.03.2023 passed by the learned Additional Sessions Judge, Chandigarh acquitting the respondents No.1 and 2-accused in case bearing FIR No.82 dated 23.05.2020 registered under Sections 304 , 34 IPC at Police Station Sarangpur, Chandigarh.

FACTUAL BACKGROUND

2. Brief facts of the prosecution case are that on 17.05.2020, son of the complainant namely Suraj had a scuffle with four boys namely Billa, Talli, Sandeep, Dhanush, all residents of the same locality. In the said scuffle complainant’s son suffered multiple internal injuries on his head and chest. The matter was stated to be compromised on 21.05.2020. Due to internal injuries sustained by the son of the complainant in the said scuffle, he was taken to GMSH-16, Chandigarh for treatment after which he was discharged. However, on the intervening night of 22/23.05.2020, the condition of complainant’s son deteriorated and he was re-admitted to GMSH-16. Thereafter, he was referred to PGI, Chandigarh where he died during treatment. The complainant alleged that the death of his son occurred due to the injuries caused to him by the accused persons. During investigation, the accused were arrested and the weapon used in commission of offence was recovered. Rough site plan and scaled site plan were prepared. Statements of witnesses were recorded and MLR was obtained. On completion of investigation and all other necessary formalities, challan was presented before the learned Illaqa Magistrate.

3. After presentation of the challan before the learned Illaqa Magistrate, copies of the challan were supplied to the accused as envisaged under Section 207 Cr.P.C.

4. On finding a prima facie case against the accused persons, charges under Sections 304 , 34 IPC were framed. The accused pleaded not guilty to the charges framed against them and claimed trial.

5. In order to prove its case, prosecution examined as many as 8 witnesses.

6. Statements of the accused persons were recorded under Section 313 Cr.P.C. and the entire incriminating evidence was put to them. They denied the prosecution version and pleaded innocence, however, did not examine any witness in their defence and closed the evidence.

7. After hearing the rival submissions and perusing the prosecution evidence, the trial Court came to the conclusion that the prosecution has not been able to establish the prosecution case beyond a reasonable shadow of doubt, which resulted in acquittal of the respondents No.1 and 2-accused. Thus, the present appeal has been filed.

CONTENTIONS

8. Learned counsel for the appellant contends that the son of the appellant was attacked by respondents No.1 and 2-accused and that respondent No.1 gave a knife blow to the deceased-son of the appellant. In pursuance thereof, a DDR was also registered, however, the matter was later compromised. On the day of occurrence i.e. 17.05.2020, the deceased was admitted to GMSH-16, Chandigarh and discharged after giving treatment to him. Therefore, it is crystal clear that the deceased suffered injuries at the hands of respondents No.1 and 2-accused, which proved fatal to him. On the intervening night of 22/23.05.2023, condition of the deceased deteriorated and he was taken to GMSH-16 from where he was referred to PGI, Chandigarh, however, he died on his arrival there. It is argued that Dr. Charan Singh, Senior Resident, PGI, who authored the medico-legal summary of the deceased stated that on 23.05.2023, deceased was brought to PGI with multiple wounds over the left side of his chest a