IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:13.01.2026.

Satpal ....Appellant.

Versus Ajay and others ...Respondents.

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CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Present: Mr. Dhruv Chowfla, Advocate (Legal Aid Counsel)

for the appellant.

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Sukhvinder Kaur , J .

1. Appellant has preferred the instant appeal against judgment dated 11.11.2024, passed by learned Additional Sessions Judge, Jind, vide which accused/ respondents No.1 and 2 have been acquitted.

2. Factual scenario, as unfurled by prosecution is that on 08.06.2018, at about 08:00 PM when complainant Satpal was going to his house from shop for taking articles and when he reached near his house, then Ajay came out from his house and gave him lathi blows. Thereafter, his son Rahul also came there and gave injuries on his arm and Poonam wife of Ajay caused injuries on his back. When he raised alarm, all the aforesaid persons fled from there alongwith their respective weapons. All the accused caused injuries to him due to previous enmity.

On the basis of aforesaid complaint, formal FIR Ex.P18 was registered. The investigation of this case was conducted by PW-6 DSP Pawan Kumar. During investigation, statements of the witnesses under Section 161 Cr.P.C. were got recorded. Complainant Satpal produced his caste certificate. Accused Ajay was arrested on 03.07.2018. Rough site plan of place of occurrence was prepared. Accused Ajay got recorded his disclosure statement Ex.P9 and demarcated the place of occurrence vide memo Ex.P12. On 18.09.2018, accused Ajay produced accused Shakuntla @ Poonam. Accused Shakutla was already on anticipatory bail. She was formally arrested and she also suffered her disclosure statement Ex.P13 and demarcated the place of occurrence vide memo Ex.P14. After completion of all other formalities of investigation, challan under Section 173 Cr.P.C.

against the accused persons was presented in the court, for judicial verdict.

3. After finding a prima facie case against the accused, they were charge-sheeted for the offences punishable under Sections 323, 341 read with Section 34 of IPC and Section 3(2)(v) of SC/ST Act, to which they pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined PW1- Mandeep Singh Lather, Medical Officer, PW2-Surender Singh ASR, SDM Office, Jind, PW3-HC Virender, PW4-Lady Constable Lalita Rani, PW5- Dilbag Singh, PW6-Pawan Kumar, DSP, Investigating Officer, PW7- ASI Satish, PW8-Complainant Satpal and PW9-Kamlesh.

PW1 Mandeep Singh Lather, Medical Officer, proved indoor file of patient Satpal as Ex.P4 and gave opinion that all the injuries were simple in nature.

PW2-Surender Singh ASR, SDM Office, Jind, proved Scheduled Caste Certificate Ex.PW8 of Satpal.

PW3-HC Virender, deposed regarding investigation proceedings and arrest of accused. He proved disclosure statement Ex.P9, in pursuance of which lathi used in the commission of offence was recovered.

PW4-Lady Constable Lalita Rani, deposed that accused Shakultla was arrested on 18.09.2018, who suffered disclosure statement Ex.P13 and got demarcated the place of occurrence vice memo Ex.P14.

PW5-Dilbag Singh, proved the scaled site plan Ex.P15.

PW6-Pawan Kumar, DSP, the Investigating Officer, deposed regarding various investigation proceedings conducted in the present case and proved the FIR, site plan Ex.P16, rough sketch of lathi Ex.P11, recovery memo Ex.P10, disclosure statement Ex.P9, memo Ex.P12 regarding demarcation of place of occurrence, scaled site plan Ex.P15.

PW7- ASI Satish, deposed that on 12.06.2018, complainant Satpal was declared fit to make statement, who got recorded his statement Ex.P18.

PW8-Complainant Satpal reiterated the facts as stated by him in his statement, on the basis of which the present FIR was registered.

PW9-Kamlesh (wife of the complainant), deposed on the similar lines as per statement of PW8.

5. Statements of accused under Section 313 Cr.P.C. were recorded in which, all incriminating evidence was pu