ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Seven accused were tried for the offences under Sections 323, 324, 325, 148 and 149 of the Indian Penal Code. The trial Court vide judgment dated 17.10.2002 while convicting Saraswati under Sections 323, 148, 149 of the I.P.C., released her on probation. The accused Ashok Kumar, Raju and Anand Singh were convicted and sentenced under Sections 323, 324, 325, 148 and 149 I.P.C. The accused Ajay was convicted and sentenced under Sections 323, 324, 148 and 149 I.P.C. The co-accused Ramrati and Seema were sentenced and convicted under Sections 323, 148 and 149 I.P.C. However, during appeal, the appellate Court modified the sentence of Ramrati, Seema, Ajay and Anand Singh by releasing them on probation. However, the appeal preferred by Ashok Kumar and Raju was dismissed in toto.

(2.) The allegations against the petitioners, as per the FIR registered against them, are that on 19.09.1998, at about 4.30 p.m., the cattle of the complainant entered into the court-yard of accused, with the result, their mother got annoyed and abused the complainant. In the meantime, the accused persons appeared, exhorted and caused injuries with pharas, dandas and bricks to the complainant. In the meanwhile, Krishan, complainant's son, reached the spot and accused attributed injuries to him also with jelli and lathies. On hearing screams, raised by the injured, Giriwar, Shri Ram and Smt. Babita attracted to the spot and rescued them from the clutches of the accused persons. Accused persons also administered fist blows to Smt. Babita.

(3.) Heard. Sufficient evidence has been led in order to establish the charges against the petitioners. The evidence, on the basis of which findings of fact have been returned by the Courts below, appears to have been appreciated in the right perspective.