RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Complainant has invoked revisional jurisdiction of this Court challenging the judgment passed by the learned Appellate Court/Additional Sessions Judge, Hisar, dated 08.09.2009 maintaining the conviction passed by learned Trial Court vide judgment dated 30.04.2008 and directing to release the accused on probation for the period of two years subject to furnishing of probation bonds in the sum of Rs. 25,000/- with one surety to like amount by each accused with the condition, during the period of subsistence of probation, accused shall maintain good behaviour, tranquility and will not commit any such offence, against the person and property of the complainant party.

(2.) The brief facts of the present case are that the petitioner - complainant, on 30.04.2004 at 2.15 p.m. being admitted in hospital, made statement before the police, stating therein that on 29.04.2004, he and his younger brother Balraj, were irrigating their fields. At about 12.30 p.m. accused, who were boarding on tractor, trade mark 'Massey, to which, trolley was also attached, entered in the land of the complainant party. All the accused were armed with deadly weapons and in furtherance of their common intention, proclaimed to teach a lesson to the enemies i.e. complainant and his brother and started beating them. Accused Richhpal gave blow with Barchhi (spear) to the complainant, which landed on his right knee. He fell on the ground and then accused Kalu Ram and Ved Prakash gave lathi blow to him. Kalu Ram, gave lathi blow on his right foot. Ved Prakash gave lathi on his left foot and they repeated the blows. Again Richhpal gave blow on left side of his mouth from the tail and point of spear (in local dialect termed godh). Accused Lada and Baldev gave beating to complainants brother Balraj with lathi. When complainant and his brother Balraj raised noise, then, on hearing their noise, their father Om Parkash and one Rakesh son of Hari Singh, appeared at the site. They witnessed the occurrence and rescued the complainant and his brother from the clutches of the accused. Few more persons also appeared at the site. Then, accused boarding on their tractor-trolley, along with their weapons, went away from the site of occurrence. The tractor was driven by accused Kalu Ram. Private vehicle was arranged and then complainant and his brother were taken to Govt. Hospital at Hisar for treatment wherein Medical Officer, provided first aid to them and for better treatment, complainant and his brother Balraj were taken to Arora Hospital, at Hisar. On 29.04.2004, due to suffering of injuries, complainant was not conscious and was not fit to make statement before the police and on gaining consciousness on 30.4.2004, he made statement before the police. On the basis of statement Ex.P1, made by the complainant before the police, present FIR was registered against the accused. After registration of the case, police swung into investigation. During the course of investigation, accused were arrested. On completion of investigation, report under Section 173 Cr.P.C. was filed against them and they were charged on account of commission of offence punishable under Sections 323, 325, 148 IPC read with Section 149 IPC, vide order dated 1.7.2004 passed by the learned Trial Court. The accused did not plead guilty to the charge and claimed trial. Prosecution witnesses were ordered to be summoned. In order to prove the charge, prosecution examined total six witnesses in this case.

(3.) Learned Trial Court vide impugned judgment dated 30.04.2008 found the accused private respondents guilty and have sentenced them to undergo simple imprisonment for the period of six months under Section 148 IPC, also sentenced to undergo simple imprisonment for a period of six months under Section 323 IPC and accused were also sentenced to undergo SI for a period of two years under Section 325 IPC.