RAMKUWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed the present petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for setting aside the impugned order dated 08.05.2019 passed and charges dated 08.05.2019 framed by learned Additional Sessions Judge, Rohtak in criminal case No. SC 84 of 2019 (Registration No. 133 of 2019) titled as State versus Ramkuwar and others, FIR No. 669 dated 04.10.2018 registered under Sections 148, 323, 506, 307 read with Section 149 of the Indian Penal Code, 1860 (for short 'the IPC) in Police Station Meham, District Rohtak.

(2.) Briefly stated, the facts giving rise to filing of the present petition are that Surinder Kumar submitted written complaint to S.H.O., Police Station Meham, District Rohtak alleging therein that he has constructed building in his fields and is running a tuition center in the name of Talwindra Academy there. They have land dispute with their paternal elder uncle Ramkuwar. On 03.10.2018 at about 11.30 AM, when he, his wife Urmila, his father and mother were present there, his elder paternal Uncle Ramkuwar and his sons Bijender and Jaipal, Monu s/o Jaipal and Sushma w/o Bijender and their common relatives Meda, Sube Singh and Gogal armed with bindas, Jailly and lathies started removing their iron main gate adjoining the road. When his father Chandi Ram restrained them from doing so, then all of them started abusing him. In the meantime, 3-4 other boys also came there having bindas in their hands. Monu, Ramkuwar, Bijender, Jaipal and another boy started beating his father Chandi Ram due to which his father suffered many injuries on his head. When he tried to save his father, Bijender, Monu, Jaipal and other boys and Gogal attacked him due to which he suffered many injuries on his head and other parts of the body. When his wife Urmila and mother Santro tried to save them, then Bijender caused injury to his mother Santro and Sushma w/o Bijender, Bijender, Monu, Jaipal and two other boys caused injuries to his wife Urmila. On intervention by the passers bye the assailants ran away from the spot with their respective weapons while giving threats to eliminate them. Their co-villagers got them admitted for treatment at G.H.,Meham where attending doctor referred him, his father and his wife to P.G.I.M.S., Rohtak. In view of the complaint the above said FIR was registered. The police investigated the case and on completion of investigation charge-sheeted the accused to face trial under Sections 148, 307, 323 and 506 read with Section 149 of the IPC.

(3.) After supplying copies of the report under Section 173(2) of the Cr.P.C and documents sent therewith case was committed to the Court of Session and thereupon assigned to learned Additional Sessions Judge, Rohtak. On perusal of the report under Section 173(2) of the Cr.P.C and documents sent therewith and after hearing the prosecution and the accused, learned Additional Sessions Judge, Rohtak opined that a prima facie case under Sections 148, 307, 323, 149 and 506 of the IPC was made out against the accused and accordingly framed charges against them. Feeling aggrieved the accused have filed the present revision petition.