RAM PHAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge is to the order dated 26.04.2006 passed by Additional Sessions Judge, Kaithal whereby the judgment dated 11.10.2004 passed by the Sub Divisional Judicial Magistrate, Guhla has been upheld.

(2.) Petitioners were convicted substantially for a period of three years under Section 323/324/325/148/149 of the Indian Penal Code (for short 'the Code').

(3.) Brief facts of the case are that on 29.11.1998, the complainant Chela Ram along with his elder brother Mela Ram and nephew Ajmer Singh were tilling the land. In the meantime, Bhalla came with having gandasi in his hand, Ram Phal armed with gandasi, Bheera armed with kulhari, Jiall ram armed with gandasi, Nanha armed with kulhari, Ram Singh armed with jaili and Karma was armed with jaili in their hands raised lalkara that the complainant and his colleagues cannot run from the spot. Bhalla inflicted gandasi blow on his right foot and then accused Ram Phal, Bheera and Bhalla started beating him, Jila, Hawa Singh, Ram Singh and Karma started beating to his brother Mela Ram. Bhalla, Ram Phal inflicted a gandasi blow to the complainant from reverse side which struck against his head. Bheera inflicted two continuous blows of kulhari which struck against his right and left hand arm. Bhalla inflicted the gandasi blow from opposite side on his right arm and after Ram Phal inflicted three gandasi blows on his knee and below the knee. After that Bhalla continuously inflicted gandasi blow on his knee. The nephew of the complainant ran away from the spot. After inflicting injuries, accused ran away from the spot along with respective weapons. Thereafter, the complainant and his brother were taken to CHC Guhla by Sardara Ram (brother) and his uncle Chanda Singh. The motive behind this that civil litigation between the parties is going on. In the above background, F.I.R was registered against the petitioners.