RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -complainant has invoked the revisional jurisdiction of this Court assailing the judgment/order dated 20.8.2010, whereby the learned Additional Sessions Judge- III, Bhiwani while confirming the judgment of conviction passed by Judicial Magistrate 1st Class, Charkhi Dadri for offences punishable under Sections 323/325/34 of Indian Penal Code, has modified the judgment/order of sentence to undergo simple imprisonment for a period of two years under Sections 325/34 of Indian Penal Code and to pay a fine of Rs. 500.00 each and to undergo for a period of simple imprisonment for a period of six months for an offence under Sections 323/34 of Indian Penal Code and to pay a fine of Rs. 250.00 each into release of the accused/respondents herein on probation for a period of six months on their furnishing probation bonds to the tune of Rs. 10,000.00 with one surety in the like amount, each, to the satisfaction of the Court subject to deposit of Rs. 500.00 as fine by each accused which shall be paid to the complainant which shall be paid to the complainant by converting into compensation.

(2.) BRIEF facts necessary for the disposal of this petition are that complainant Ramesh Kumar son of Kurda Ram was a resident of Village Charkhi and was the tea-vendor by profession. His son Krishan also used to help him in the business. On 1.2.2000 at about 6/7.00 PM his wife Anguri Devi visited his tea-vend in Dadri and informed him that accused Jai Bhagwan, his wife Raj Bala and sons Deepak and Sanjay were pelting stones on their house in Village Charkhi. He immediately shut down his vend and accompanied his wife to the village. Their son Krishan was also with them. When the trio reached near village PARSH they were intercepted by the accused and accused Jai Bhagwan, who was having an axe, gave a blow on his head, accused Raj Bala caught hold of him and accused Deepak and Sanjay also inflicted injuries on his person. His wife Anguri Devi and son Krishan Kumar were also taken on tasks. Their hue and cry was heard by Matu Ram and Dharambir who got them saved from the clutches of accused. All the three injured persons were later on hospitalized where they were medico legally examined. On the basis of complaint's statement recorded by HC Bhudev Parsad FIR in the instant case was registered and investigations were launched. Site plan of the place of occurrence was prepared. Statements of witnesses under Section 161 of the Code of Criminal Procedure were recorded and the accused were arrested. After completion of other formalities of investigations, final report under Section 173 Cr.P.C. was prepared and submitted in the court for putting the accused for trial.

(3.) STATEMENTS of the accused under Sections 313 of the Code of Criminal Procedure were recorded, in which they pleaded themselves to be innocent. However, no defence evidence was led.