GURCHARAN SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Tersely, the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant criminal revision petition & emanating from the record as claimed by the prosecution, are that, on 10.10.2000, complainant-Saravdayal Singh son of Shamsher Singh, (PW-2) (for brevity "the complainant"), his friend Narwar Singh and Parminder Singh, were going in a car, bearing registration No.HR08C-4054 to the house of Jarnail Singh. On the way, as soon as, they reached in front of the house of Anup Singh, in the meantime, he raised a lalkara that son of his enemy has come and he should be taught a lesson. Thereafter, the accused-convict Anup Singh hit the front screen of the car with his kirpan, Angrej Singh placed the kirpan on the bonnet of the car, whereas Ajaib Singh gave a gandasi blow on the rear screen of the car. The front and rear screen of the car were broken. Petitioner-convict Balbir Singh gave a gandasi blow, which hit on the left arm of PW-Paramjit Singh and petitioner-convict Gurcharan Singh gave the blows with 'balam', which hit on the left shoulder of the complainant and right shoulder of PW Paramjit Singh. They raised noise, which attracted Shamsher Singh, Jarnail Singh and Sukhdev Singh, who rescued them. Thereafter, the accused-convicts were stated to have fled away from the place of occurrence with their respective weapons.

(2.) Leveling a variety of allegations and narrating the sequence of events in detail, in all, the prosecution claimed that on 10.10.2000, the petitioner-convicts have wrongfully restrained, caused injuries to the injured with their respective weapons and damaged the car of the complainant. In the background of these allegations and in the wake of complaint of the complainant, the present criminal case was registered against the petitioner-convicts, by way of FIR No.50 dated 10.05.2000, on accusation of having committed the offences punishable under Sections 148, 323, 324, 341, 427 and 506 read with section 149 IPC, by the police of Police Station Guhla, Distt.Kaithal, in the manner depicted here-in-above.

(3.) After completion of the investigation, the police submitted the final police report(challan). Consequently, the petitioner-convicts were accordingly charge-sheeted for the commission of the pointed offences by the trial court and the case was slated for evidence of the prosecution.