DALBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prosecution story, in brief, is that on 28.2.1998 at about 2.30 P.M., complainant Pardeep along with his friend Rajender and Sukhal were going towards village Dagdoli from village Kadma. On the way, near the well, they were intercepted by Partap, Priyawart, Hindkesh and Dilbagh who were armed with jelly, iron rod and lathi . Priyawart gave a blow with iron rod on the right hand of the complainant. Hindkesh gave a jelly blow on the right elbow of the complainant. Dilbagh gave a lathi blow on the left wrist of the complainant. In the meantime, Jitender and Lakhi Ram armed with lathis came there. Jitender gave a lathi blow on the left wrist of the complainant whereas Lakhi Ram gave a lathi blow on the left thigh of the complainant. As a result of this, complainant fell down. The complainant was rescued by Rajender and Sukhal. All the assailants then fled away from the spot with their respective weapons. The motive behind the occurrence was that there were cases pending between the complainant and the accused in Dadri court since long.

(2.) On the basis of the statement of the complainant, formal FIR was registered.

(3.) After completion of investigation and necessary formalities challan was presented against the accused. Vide judgment/order dated 15.6.2009, the petitioners were convicted and sentenced qua commission of offence under Section 325/34 of the Indian Penal Code ('IPC' for short) by the trial court. Aggrieved by the same, petitioners preferred an appeal. The appellate court dismissed the appeal of the petitioners vide judgment dated 11.6.2012. Hence, the present petition.