GIANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed by Giani petitioner directed against the judgment and the order of sentence dated 6.5.1986 passed by the judicial Magistrate Ist Class, Rewari whereby the petitioner along with others was held guilty and sentenced to undergo rigorous imprisonment for a period of six months under Section 323, Indian Penal Code; for a period of one year for the offence punishable under Section 324, Indian Penal Code and for a period of three years for the offence punishable under Section 326, Indian Penal Code and to pay a fine of Rs. 100/-. The appeal filed by the petitioner had been dismissed.

(2.) THE facts of the prosecution case are that on 6.6.1982 Smt. Sama Kaur had made the report with the police asserting that she was living with her husband. On the said date at about 5.00 P.M. her son Bish Ram was taking his cattles for drinking water to his tubewell. Petitioner incited his dog. When she resisted the petitioner alongwith others namely Fakira, Hari Kishan, Radhey and Thawar who were duly armed reached the spot. They shouted and caused alarm to the complainant and her son. They pounced upon them and caused injuries at their person. The complainant and her son raised an alarm. Sheo Karan and Kharkia reached there. The injured were removed to the hospital. Samko (Sama Kaur) was examined by Dr. K.S. Jindal who found the following injuries on her person :-

(3.) THE plea of the petitioner as appears from the statement under Section 313, Code of Criminal Procedure was that it was the complainant party who incited them. The fight took place in their fields and thus they pleaded their innocence.