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“1. No bony injury was seen exray abdomen. 2.
Radio opaque shadows of metallic density seen in the x ray right buttock and fracture of femur was also seen. 3.Radio opaque shadows of metallic density were also seen in xray left buttock”. *! , #! ?)$8 ?)$87 ?)$87/ 1 %$+ ! (# -( )# 80 ,#&#% 9!
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1. There was a lacerated wound punctured of size 2.5 cm in dia metre on the groin region of right side, margins were lacerated, non oedematous and fresh bleeding was present. Collar of abrasion was present around the wound. Xray of right groin region was advised. 2. There was a lacerated punctured wound on left side abdomen 2 inch lateral to mid line of size 2.5 cm in dia metre, depth of the wound could not be measured due to injury to viscera. Collar of abrasion was present around the wound. Xray of the abdomen was advised. 3.
There were three lacerated wound on the left thigh upper part anteriorly and one lacerated wound was present in the inguinal crease, each of size 1 cm dia metre. Margins were lacerated and non oedematous. Xray of right thigh was advised. 4. There was a lacerated wound on the right buttock, 3 inch lateral to midline. Margins were lacerated. Non AMIT RANA 2026.04.01 15:28 I attest to the accuracy and authenticity of this judgement/order
P a g e | 6 oedematous, fresh bleeding was present. Xray right buttock was advised. 5. There were two lacerated wound on the left buttock 1 cm dia metre each. Margins were lacerated. Non oedematous. Fresh bleeding was present. Xray left buttock was advised. Nature of injuries from 1 to 5 were kept under observation. Probable duration of injuries were within 6 hours”. 8(" - #
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1. There was lacerated wound of 2.5 x 1.5 cm on right forearm dorsal side. Margins were lacerated. Non oedematus. Fresh bleeding was present around the wound. Xray was advised. 2.
Red contusion on the forehead of size 3 x 2 cm, oedema was present around it. Xray of skull was advised. AMIT RANA 2026.04.01 15:28 I attest to the accuracy and authenticity of this judgement/order
P a g e | 7
3. There was an abrasion on the left side anteriorly of size 3.5 x 1 cm. Nature of injuries No. 1 and 2 was kept under observation while injury no. 3 was simple. Probable duration of injuries were within 6 hours. Kind of weapon will be given after Xray report. I have prepared MLR Ex PG and dia gram PG/1 which are correct accordingly to original. I sent ruqa to the police post C.H. Hisar regarding the admission of Hardeep Singh and Tajender Pal alongwith the copy of MLR”. !!"## ?) 89
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“We have been falsely implicated in this case at the instance of the complainant party who have given a false AMIT RANA 2026.04.01 15:28 I attest to the accuracy and authenticity of this judgement/order
P a g e | 8 version of the incident and no occurrence took place inside the dhani of the complainant, whereas the true facts are that Gurmeet Singh objected to the crossing of his fields by Gurwinder Singh the nephew of the Bhagwan Singh and son of Hardeep Singh who felt offended by it. On the return of Gurvinder to his dhani Gurwinder Hardeep Singh, Tajinder Singh, Pushpinder Singh, Bhagwan Singh and others armed with lathis and gandasa and barchha came to our dhani i.e. of Gurmeet Singh and called Gurmeet Singh to come out of the Dhani. At that time, we were driving the tractor in our fields and rushed to our dhani to save Gurmeet Singh and complainant party caused serious and grievous injuries on me and Gurmeet Singh and my mother Parkash Kaur inside our dhani with gandasa barchha and lathis and Joginder Singh took out the licenced gun belonging to Gurmeet Singh from his dhani and fired in
order to save Gurmeet Singh, Gurmeet Singh and Parkash Kaur which resulted into pallet injuries to the side of the complainant as a result of which Hardeep Singh sustained injuries. No injury was caused on the person of Tajinder Pal Singh, Bhagwan Singh and Pushpinder Singh. The complainant party have won over the police and shifted the base of occurrence from our dhani to that of the complainant and statement of Bhagwan Singh have been prepared by the Investigating Officer after due deliberations suppressing the genesis of the occurrence”. &##"!"1 ( ""$ $ 9 # -
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P a g e | 9
“1. An incised wound on right side forehead, 4 cm above the eyebrow with blood clots and on clean there was bleeding and soft scab formation was present. The margins of wound were clean cut and the size of wound was 2 cm × 4 cm bone deep, transversally placed. Advised Xray. 2. Diffuse tender swelling on and below the left thumb in an area of 2½′ × 1½′ with radish bluish colour on posterior side. Advised Xray”. + 1# -! - #.( $ ! - "( ! " (# -#.(## # ( - #.(# ,# A $?A$ # ! ! - #%#": (" #$ $4!$$
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“1. An abrasion on right knee joint in an area of 4 × 3 cm with soft scab formation. 2. Redish bluish tender contusion just of the right knee joint in an area of 2½′ × 1′, obliqually placed. Movements were normal. 3. Redish bluish tender contusion on left knee joint 2 × 1′, obliqually placed and movements were normal. 4. Diffuse tender swelling on top of scull on both side in an area of 6 cm × 4 cm, advised Xray”.
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P a g e | 10 D1. A lacerated wound on top of right parietal region of scull with blood clots of 5 cm × ½ cm. Bleeding on clean was present. There was soft scab formation present and obliqually placed near to mid line. Advised Xray. 2. Reddish bluish tender contusion on left eye brow in an area of 3 cm × 1 cm. Advised Xray. 3. Diffuse tender swelling just above the right ear in an area of 5 cm × 3 cm and advised Xray. 4. Diffuse tender swelling just above the left ear in an area of 5 cm × 3 cm. Advised Xray. 5. An abrasion 1 cm × ¾ cm just below the left knee joint with soft scab formation. 6. An abrasion 1 cm × ¾ cm just near the injury no. 5 with soft scab formation on left knee joint. 7. An abrasion 7 cm × ½ cm obliqually placed on the lateral side of left leg just above the lateral malleolus with soft scab formation. 8. Reddish bluish tender contusion on right shoulder in an area of 3' × 1' obliqually placed and was advised Xray. 9. An incised wound ½ cm × ¼ cm with soft scab formation, obliqually placed on right forehead, 3 cm above the right eyebrow. The margins of the wound were clean cut with blood clots”. + 1# -! - #.( $ = "( - #.( $2 !$+ ( -#.(# ,# ) #.( $4
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“14. As the trial court and High Court, having appreciated the evidence on record, has come to diametrically opposite conclusions, mandating herein to observe certain witness statements which may have an important bearing in this case. In the processes of appreciating the evidence at the appellate stage, we need to keep in mind the views of this court as expressed in TTTToooottttaaaa SSSSiiiinnnngggghhhh aaaannnndddd AAAAnnnnrrrr.... vvvv.... SSSSttttaaaatttteeee ooooffff PPPPuuuunnnnjjjjaaaabbbb,,,, 1111999988887777((((2222)))) RRRRCCCCRRRR ((((CCCCrrrriiiimmmmiiiinnnnaaaallll)))) 33335555 :::: 1111999988887777 CCCCrrrriiiiLLLLJJJJ 999977774444
"The High Court has not found in its judgment that the reasons given by the learned Sessions Judge for discarding the testimony of PW2 and PW6 were either unreasonable or perverse.
What the High Court has done is to make an AMIT RANA 2026.04.01 15:28 I attest to the accuracy and authenticity of this judgement/order
P a g e | 17 independent reappraisal of the evidence on its own and to set aside the acquittal merely on the ground that as a result of such reappreciation, the High Court was inclined to reach a conclusion different from the one recorded by the learned Sessions Judge. This Court has repeatedly pointed out that the mere fact that the Appellate Court is inclined on a reappreciation of the evidence to reach a conclusion which is at variance with the one recorded in the order of acquittal passed by the Court below will not constitute a valid and sufficient ground for setting aside the acquittal. The jurisdiction of the Appellate Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the
order of acquittal unless the approach made by the lower Court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the Court below is such which could not have been possibly arrived at by any court acting reasonably and judiciously and is, therefore, liable to be characterized as perverse. Where two views are possible on an appraisal of the evidence adduced in the case and the court below has taken a view which is plausible one, the Appellate Court cannot legally interfere with an order of acquittal even if it is of the opinion that the view taken by the Court below on its consideration of the evidence is erroneous." 2$ In RRRRaaaammmmeeeesssshhhh BBBBaaaabbbbuuuullllaaaallll DDDDoooosssshhhhiiii vvvv.... SSSSttttaaaatttteeee ooooffff GGGGuuuujjjjaaaarrrraaaatttt,,,, 1111999999997777((((3333)))) RRRRCCCCRRRR ((((CCCCrrrriiiimmmmiiiinnnnaaaallll)))) 66662222 :::: 1111999999996666 CCCCrrrriiiiLLLLJJJJ 2222888866667777, this Court observed:
"This Court has repeatedly laid down that the mere fact that a view other than the one taken by the trial Court can be legitimately arrived at by the appellate Court on AMIT RANA 2026.04.01 15:28 I attest to the accuracy and authenticity of this judgement/order
P a g e | 18 reappraisal of the evidence cannot constitute a valid and sufficient ground to interfere with an order of acquittal unless it comes to the conclusion that the entire approach of the trial Court in dealing with the evidence was patently illegal or the conclusions arrived at by it were wholly untenable. While sitting in judgment over an acquittal the appellate Court is first required to seek an answer to the question whether the findings of the trial Court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order of acquittal is not to be disturbed." $ &#""-( #########""""!!!!!!!!""""@@@@ $$$$ 7777 4444KKKK,,,,#### &&&& EEEE&&&&'''' ,,,, ----@@@@$$$$$$$$++++$$$$ ----"""" #### LLLL
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“Before venturing into the merits of the case, we would like to reiterate the scope of Section 378 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) while deciding an appeal by the High Court, as the position of law is rather settled. We would like to quote the relevant portion of a recent judgment of this Court in JJJJaaaaffffaaaarrrruuuuddddhhhheeeeeeeennnn aaaannnndddd OOOOtttthhhheeeerrrrssss vvvv....
SSSSttttaaaatttteeee ooooffff KKKKeeeerrrraaaallllaaaa ((((2222000022222222 SSSSCCCCCCCC OOOOnnnnlllliiiinnnneeee SSSSCCCC 444499995555)))) as follows:
“25. While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly when evidence on record has been analyzed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. AMIT RANA 2026.04.01 15:28 I attest to the accuracy and authenticity of this judgement/order
P a g e | 19 Thus, the Appellate Court has to be relatively slow in reversing the order of the Trial Court rendering acquittal. Therefore, the presumption in favour of the accused does not get weakened but only strengthened. Such a double presumption that enures in favour of the accused has to be disturbed only by thorough scrutiny on the accepted legal parameters.” $ 9,# - , #(# ""# * M "&(! (
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