RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Crl. Appeal No. 196-SB of 2001 and Criminal Revision No. 1018 of 2001 as both them have arisen out of the judgment and order dated February, 2 2001 passed by the Additional Sessions Judge, Kaithal, whereby Ram Phal appellant has been convicted under Sections 218, 323 and 342. Indian Penal Code while his six co-accused have been acquitted of the charge. For the offence under Section 218. I.P.C.. Ram Phal has been ordered to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- in default of payment of fine, to undergo further rigorous imprisonment for two months. Under Section 323 I.P.C. he was ordered to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/-. In default of payment fine he was ordered to undergo further rigorous imprisonment for one month. For the offence punishable under Section ,342 I.P.C. a sentence to undergo rigorous imprisonment for six months and to pay a fine of Rs. 100/- was imposed upon him. In default of payment of fine. Ram Phal was to undergo further rigorous imprisonment for one month. All the substantive sentences of imprisonment were ordered to run concurrently.

(2.) In brief, the case of the prosecution is that complainant Indresh Kumar (P.W.8) learnt about the illegal detention of his father Shri Chaman Lal and his brothers by the Police of Kaithal. He reached Kaithal on June 25, 1992 and went to the Police Station City in order to meet the S.H.O., namely, Ram Phal appellant. On his introduction to the S.H.O. he was allegedly beaten up with a stick and he had asked the other police officials to teach him a lesson. Later on he was removed from place to place in a Police Jeep. On the next day after medical examination he was produced before the Executive Magistrate and there he learnt that a false case under Section 107/151. Cr.P.C., had been registered against him in order to cover up the whole occurrence.

(3.) Indresh complainant met the Superintendent of Police and Deputy Commissioner, Kaithal. Then he filed a complaint against the S.H.O. and his co-accused. Thereafter he allegedly went to Jammu. He returned to Kaithal on July 11, 1992 and then he got himself radiologically examined and a fracture on his left foot had ben detected.