Jarnail Singh v. Pritam Singh, 2023 PLRonline 456652 , (2023-1)209 PLR 245 (SN)
IPC, Sections 323,324/34 – Revisional jurisdiction – Concurrent findings of innocence of an accused could only be interfered with if there were grave factual or legal errors committed by the courts below in acquitting the accused – Prosecution case is not free from doubt – As per the complainant/petitioner three accused assaulted him but on investigation the IO found that only two persons were allegedly involved – This contradiction is significant – Motive of their being a land dispute is not borne out – It was not believable that three persons armed with sword, iron rod and a binda caused only four simple injuries on the person of the complainant – Weapon of offence have not been recovered – There is an unexplained delay of 30 hours in the registration of the FIR – No test identification parade was held – While it might be true that the petitioner/complainant was assaulted there is certainly a doubt as to whether the respondents/accused assaulted him.
2023 PLRonline 456652 = (2023-1)209 PLR 245