LAWS(P&H)-2011-8-434

SURAJ BHAN Vs. STATE OF HARYANA AND ORS

Decided On August 03, 2011
SURAJ BHAN Appellant
V/S
State Of Haryana And Ors Respondents

JUDGEMENT

(1.) Respondents No. 2 to 4 had faced the trial under Sections 323, 324, 326, 34 of the Indian Penal Code, 1860 in FIR No. 145 dated 7.8.1999 registered at Police Station Agroha.

(2.) The trial Court vide judgment dated 21.9.2007 acquitted Respondents No. 2 to 4 of the charge framed against them. Appeal filed by the State against the said judgment was dismissed by the Appellate Court vide judgment dated 20.9.2010. Hence, the present petition by the complainant.

(3.) Prosecution story, in brief, was that on 6.8.1999 at about 3.00 pm, complainant had gone to water his fields. Bishamber, brother of the complainant, his two sons Sanjay and Rakesh and his wife Seeta Devi were sitting in the fields where Bajra crop had been sown. On raising a lalkara, the accused attacked the complainant. Bishamber, who was armed with a kassigave a blow with it on the left ankle of the complainant. Sanjay gave a lathiblow on the back of the complainant. Seeta Devi and Rakesh gave slaps and fist blows on the person of the complainant. Complainant raised alarm, which attracted his brother Om Parkash to the spot. The motive was that the father of the complainant had leased out the property in the name of Bishamber and he had been demanding his share.