PAPPI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the instant revision petition challenging the order dated 4.11.2011 of the Additional Sessions Judge, Fatehabad whereby charges under Sections 307 read with section 34 IPC have been framed against him.

(2.) As per the prosecution case, the petitioner along with others waylaid complainant-Surjeet Ram and thereafter, assaulted him and caused injuries on his person. The petitioner inflicted a blow with an iron rod/pipe on the head of the complainant, however, he raised his hands to save himself and the said blow landed on his arm which resulted into two fractures. Another accused Chhinda also gave a blow with an iron road causing fracture on the leg of the complainant, whereas, third accused Baldev gave fist blows on the chest of the complainant.

(3.) While passing the impugned order, the Additional Sessions Judge, Fatehabad observed as under: