BABU RAM & ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, as claimed by the prosecution, is that, the accused had earlier grappled and gave beating to one Gurdayal Singh of the village of complainant Hawa Singh son of Gulab Singh (for brevity "the complainant"). They formed an unlawful assembly & hatched a criminal conspiracy to cause harm to the complainant as well. On 26.5.2011 at about 10 A.M., as soon as, the complainant reached on the way (place of occurrence), leading to his village Kamalpur, in the meantime, all the accused, who were already present there, stopped his (complainant) car. They caught hold of him.

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that on 26.5.2011, the petitioners-accused, formed an unlawful assembly, hatched a criminal conspiracy, attempted to murder the complainant by pouring petrol, setting him on fire and committed robbery. In the background of these allegations and in the wake of complaint of complainant Hawa Singh, the present criminal case was registered against the petitioners-accused, by virtue of FIR No.264 dated 28.5.2011, on accusation of having committed the offences punishable under Sections 323, 341, 307 and 506 IPC, by the police of Police Station Sadar Karnal, in the manner depicted here-in-above.

(3.) During the course of investigation, the police submitted the final police report (challan) (Annexure P5) against the petitionersaccused for the indicated offences, but subsequently, one Kirat Singh DSP, without any authorization, filed the supplementary challan (Annexure P6) of remaining offences, deleting the offence u/s 307 IPC, for which, a show cause notice has already been issued to him by the SP Karnal in this relevant connection.