BADE LAL PARSHAD Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners (complainant side) under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 assailing the correctness of the order dated 23rd April, 2010 passed by the learned Additional Sessions Judge whereby respondents no. 2-7 herein, who were charge-sheeted by the police for the commission of the offences punishable under Sections 308/341/34 of Indian Penal Code(,,IPC for short), have been discharged of the offence under Section 308 IPC and ordered to be tried under Section 324/34 IPC only.

(2.) BACKGROUND of the case is that a complaint was lodged by the complainant Bade Lal Parshad, petitioner no.1 herein, on 22nd March, 2006 against the accused persons, respondent nos. 2-7 herein, alleging that on 21nd March, 2006, wife of the accused Parbhu Nath(respondent no.2) had thrown garbage in front of the house of the complainant and when it was objected to by his wife son of the accused Parbhu Nath abused her. In order to put an end to the fight, the complainant went to the house of one of his neighbours and in the meantime his daughter came and said that some persons were beating his son. It was further alleged that on reaching his house Pintu(respondent no.3) and Chottu(respondent no.6) caught hold of the complainant and exhorted their co-accused to beat him and then other accused, respondents no. 2,5 and 7, having iron rods started beating him as a result of which he sustained many injuries on his head, right elbow and his upper lips and accused-respondent no.4 Prema Devi, wife of the accused Parbhu Nath, injured the son of the complainant by hitting him on his head with a brick.

(3.) LEARNED Additional Sessions Judge after hearing the parties passed the order on charge and held that the only offence made out was under Section 324/34 IPC and accordingly ordered the trial of six accused by the Magistrate. The relevant observations in that order dated 23.04.2012 are as under:-