VED PARKASH & ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matrix of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant appeal and emanating from the record, as claimed by the prosecution, is that on 29.11.2001 at 8.50 P.M., appellants-convicts Vinod Kumar son of Chander Singh and Ved Parkash son of Mehar Chand (for brevity "the appellants") came to Police Station City Narnaul and lodged a report (Ex.PG) of assault against Satish Kumar and other persons. Thereafter, complainant C.Bijender Singh (PW5) (for short "the complainant") was deputed and he took appellant Vinod Kumar to Civil Hospital, Narnaul and after medico legal examination, as soon as, the complainant and appellant Vinod Kumar came out of the gate of hospital, in the meantime, appellant Ved Parkash met them under the influence of liquor and enquired from complainant C.Bijender Singh as to what offences are made out on the basis of medico legal report. The complainant told him that nature of offences could only be ascertained after x-ray examination. At this, he (Ved Parkash) became angry and caught hold of C.Bijender Singh from his collar and asked appellant Vinod Kumar to catch hold of him. Thereafter, appellant Ved Parkash picked up a brick-bat and gave blows on his nose and face. Meanwhile, C.Rama Nand (PW7) came there and rescued C.Bijender Singh from their clutches. When he was busy in attending the complainant, then, both the appellants decamped from the place of occurrence. On the way, HC Dharampal (PW6) and HC Rajpal (PW10) met them near Jain Dharamshala. The complainant narrated the incident to HC Rajpal, who recorded his statement (Ex.PE) and sent it through HC Dharampal to the police station for registration of the case.

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that on 29.11.2001, the appellants with their common intention voluntarily caused grievous hurt and deter the complainant in discharge of his official duty as such public servant. In the background of these allegations and in the wake of statement (Ex.PE) of the complainant, the present criminal case was registered against the appellants, by means of FIR No.273 dated 30.11.2001 (Ex.PF), on accusation of having committed the offences punishable under sections 332, 333, 353 and 186 read with Section 34 IPC by the police of Police Station City Narnaul, in the manner depicted here-in-above.

(3.) After completion of the investigation, the final police report (challan) was submitted by the police against the appellants to face the trial for the offences in question.