RATTAN LAL Vs. PAWAN KUMAR AND OTHERS

JUDGEMENT

(1.) The instant application has been under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 28.02.2011 passed by learned Judicial Magistrate First Class, Mohindergarh, whereby respondents have been acquitted of the charges framed against them. Brief facts of the case are that the criminal complaint was filed by the petitioner-complainant against the respondents with the averments that petitioner own a vehicle used to carry stone and Ravinder @ Ravi, nephew of the complainant is the driver of vehicle. On 09.01.2005, some heated arguments were exchanged between Ravinder and Pawan Kumar and Pawan Kumar had threatened Ravinder for facing dire consequences. On the next day i.e. 10.01.2005, Ravinder along with Mahesh was standing at Bus Stand, Rajawas and Pawan and Lala Ram who were also present there started quarreling. The complainant-petitioner tried to save them. Chhote Lal came there having lathi in his hands and gave lathi blow on head of the complainant but lathi blow was resisted by the complainant and same fell on his right hand due to which the complainant received injuries on his finger. Remotar gave a lathi blow on his head. Pawan and Lala Ram also gave lathi blow on his person and thereafter, Meena and Maya Devi came there having iron pipes and gave injuries on his head and back. On raising alarm, Godhu, Dharam Pal and Pawan came on the spot and rescued him from the clutches of the accused persons. Ravinder @ Ravi and Mahesh brought him at Community Health Centre, Madhogarh and the matter was reported to the Police, but of no use. Thereafter, the complainant preferred a complaint. After hearing, the trial Court dismissed the complaint of the complainant vide order dated 09.07.2005. Aggrieved against the same, the complainant filed a revision, which was partly allowed by the learned Additional Sessions Judge, Narnaul vide order dated 08.12.2005. Thereafter, accused Pawan, Lala Ram, Ramotar and Chhote Lal were summoned for the commission of offence punishable under Section 323 read with 34 IPC. Notice of accusation was served upon the accused to which they pleaded no guilty and claimed trial.

(2.) The complainant, in order to prove his case, examined EHC Raj Kumar as CW1, Godhu as CW2, Pawan Kumar as CW3, EHC Mohinder as CW4, Dr. Ram Niwas as CW5, Rattan Lal as CW6 and closed his evidence.

(3.) Thereafter, statements of the accused were recorded under Section 313 Cr.P.C. All incriminating circumstances were put to them. They denied the same and pleaded innocence.