TEJ RAM Vs. MAHESH

JUDGEMENT

(1.) Impugning the judgment dated 23.8.2001 of Sessions Judge, Gurgaon, the instant revision petition has been directed by petitioner Tej Ram son of Ami Chand, invoking the provisions of section 401 of the Code of Criminal Procedure.

(2.) The facts, barely needed, relevant for disposal of present revision petition and emanating from the record, are that originally, a criminal case was registered against Mahesh son of Zile Singh and Hari Parkash son of Ram Dayal- respondents/acquitted accused, vide FIR No.359 of 17.11.1999, on accusation of having committed the offence punishable under sections 302/34 IPC by the police of Police Station Sohna, District Gurgaon.

(3.) The prosecution version, as unfolded during the trial, was that on 17.11.1999 dead body of Amar Chand was brought by Dharam Pal (PW9) at General Hospital, Sohna. Dr.Tej Pal Sharma (PW1) sent ruqqa (Ex.PA) to Police Station Sohna at 5.20 P.M. with regard to the arrival of the dead body. On receipt of the wireless message from the Police Station, SI Ram Niwas (PW10) reached Civil Hospital, Sohna and ASI Surinder Singh handed over the said ruqqa to him. He recorded the statement (Ex.PC) of Pawan Kumar (PW8) wherein he stated that on 17.11.1999 at about 5 P.M., he alongwith Amar Chand (deceased), who in relation was the son of his uncle, went to the shop of Hari Parkash, Barber, situated at the Bus Stand for shaving. Hari Parkash and his brother-in-law Mahesh are doing the job of barber at the Bus Stand. Amar Chand sat on the chair for getting his shave done whereas he sat on a table. Meanwhile, another customer came there. Thereafter, Mahesh told that he would attend him first and on this Amar Chand got up from the chair and told that he should shave the said person first. When Amar Chand got down from the chair, Mahesh pinched on his hips for which Amar Chand told not to do so. Mahesh again pinched Amar Chand, who then caught hold of the neck of Mahesh and they both inter se started giving slaps and fist blows. He (complainant) separated them. On hearing noise, Dharam Pal (PW9) also came there from his shop. In the meantime, Hari, brother-in-law of Mahesh also came there from the nearby Khokha and Hari and Mahesh started giving abuses to Amar Chand. Suddenly, Hari took Amar Chand in his grip from back and Mahesh picked up scissors lying in the shop and gave a thrust blow on his chest and anther blow was given on the abdomen. Amar Chand felled on the ground. Mahesh and Hari put the scissors and other instruments in the bag and managed to flee away from the spot. He and Dharam Pal stopped one Maruti Car and removed Amar Chand to Sohna Hospital, but on the way, he succumbed to his injuries. On reaching hospital, the doctor declared him dead.