BAJRANG AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners-Bajrang and Mukesh have preferred the present revision petition against the judgment dated 3.4.2012 passed by Shri M.M.Dhonchak, 3 rd Additional Sessions Judge, Bhiwani vide which the appeal preferred by accused against the judgment dated 7.9.2009 and order dated 9.9.2009 passed by Ms. Shikha, the then Judicial Magistrate Ist Class, Bhiwani, was dismissed qua them only whereas third accused-Javitri was released on probation.

(2.) Briefly stated that on 28.10.2002 on receipt of information regarding admission of Ram Kumar, Bimla and Rinku, ASI Dharambir Singh reached Government Hospital, Bhiwani and after obtaining MLR and opinion of doctor regarding fitness of injured, recorded statement of injured Ram Kumar. He has stated that they were two brothers and he was married and his younger brother was unmarried. He had further stated that he was residing separately from his parents. After living at Surat for 8-9 years, he came to his village and at the time of filing the complaint, he was residing in his village for the last about six months. His father was owner of 8 killas of land. Whenever complainant asked his father for his share in the land, he refused to give him any land. On the date of occurrence i.e. 28.10.2002, complainant returned after answering the call of nature and saw that his father Bajrang armed with jelly, brother Mukesh armed with an axe and his mother armed with Rapari were causing injuries to his wife Bimla. His son Rinku came out of his house and they had caused injuries to his son Rinku also. Complainant tried to rescue his wife and son, his mother Javitari gave a rapri blow on his cheek. Thereafter his brother Mukesh gave an axe blow on his palm. His father Bajrang gave jelly blow on his elbow and on his chest on both sides. He raised alarm, which attracted to Billu and Abhey Ram, they reached the spot and rescued them from the clutches of the accused. Thereafter they were taken to the hospital. On the basis of aforesaid statement, FIR was registered and the investigation commenced. Statements of the witnesses were recorded. Site plan of the place of the occurrence was also prepared. After completion of necessary investigation proceedings and usual formalities, challan under Section 173 Cr.P.C. was presented in the court for the trial of the accused.

(3.) Copies of challan were supplied to the accused free of costs. Charges under Sections 323 and 324 read with Section 34 of the Indian Penal Code (in short the IPC) was framed against the accused. The accused pleaded not guilty to the charge and claimed trial.