Mehar Singh vs Hakam Singh

V.S. Aggarwal, J.

This is a revision petition filed by Mehar Singh directed against the judgment passed by the learned Additional Sessions Judge, Patiala, dated 18.1.1993. By virtue of the impugned judgment, the learned trial Court acquitted Hakam Singh and Jarnail Singh, accused, by giving them the benefit of doubt.

The relevant facts giving rise to the present petition are that on 3.1.1991 Karnail Singh son of Mehar Singh, petitioner, was beaten by the daughters of Hakam Singh, accusedrespondent. Mehar Singh was present at his house. He was thinking for lodging protest to the respondents including Hakam Singh. He was talking with Gurdip Singh son of Kartar Singh and Paramjit Singh son of Samar Singh about the act of the daughters of Hakam Singh.

In the meantime, Hakam Singh armed with double barrel .12 bore gun and his son Jarnail Singh armed with a stick came on the roof of their house and started throwing brickbats towards them. Mehar Singh and Gurdip Singh had gone towards the roof. Hakam Singh fired two shots towards Mehar Singh. The pellets had hit him under the right eye and the head. He raised an alarm. Paramjit Singh and Gurdip Singh also came there. Hakam Singh and Jarnail Singh had gone towards their house. The pellets had even hit Gurnam Singh son of Gurmukh Singh.

Mehar Singh had gone to the Police Station, ASI Prem Singh had met him near the Bus Stand. His statement was recorded, on the basis of which formal First Information Report came into being.

The investigation was taken up. ASI Prem Singh inspected the site and prepared the injuries statement. The injured were taken to the Civil Hospital. He lifted bloodstained earth, prepared rough site plan and recorded the statements of the witnesses. On 4.1.1991 Hakam Singh was arrested. He made a disclosure statement. In pursuance thereto, he got recovered .12 bore licensed gun and two live cartridges from the Kotha near the fodder of his residential house. The gun and the cartridges were converted into three parcels and taken into possession. Jarnail Singh was arrested on 5.1.1991. After obtaining opinion of the Ballistic Expert and the Chemical Examiner, challan against the respondents was filed.

The learned trial Court, on appraisal of the evidence, concluded that Mehar Singh was the author of the First Information Report, but he has dis owned his statement. Gurdip Singh was not examined. The learned trial Court did not believe the statement of Paramjit Singh and accordingly gave the benefit of doubt of the respondentaccused.

Mehar Singh has challenged the said order by filing the present revision petition.

Law is settled that in a revision petition filed against an acquittal, the scope for interference is limited. The High Court will interfere with an order of acquittal only where serious injustice has been caused by an error of law. When the order does not suffer from any manifest illegality, it should not be disturbed. Only if there exists glaring defeats in procedure or error apparent on the face of the record, will the High Court interfere. If the acquittal is based ignoring the probative value of the evidence or without considering reliable evidence, the same can also be set aside.

In the present case, it cannot be said that there is misreading of evidence, the probative value of evidence has been ignored or there is any error on the face of the record. The conclusions arrived at by the learned trial Court cannot be described to be erroneous on the basis of no evidence. Therefore, in the revision petition, the findings cannot be set aside.

With these observations, the petition fails and is dismissed.