DHARAMBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present application has been moved by the applicant -petitioner Sachin Sanjeev praying for stay of the order passed by the Courts below whereby he along with his co. accused was convicted under sections 323, 324, 325 read with 34 IPC and sentenced to undergo various terms of imprisonment between nine months to five years for the aforementioned charges. The applicant and his accomplices filed revision petition before this Court. The aforesaid revision petition was admitted vide order dated March 28,2012 and he was released on bail. The execution of the sentence imposed upon him has been suspended.

(2.) NOW the applicant moved an application for suspending/staying the order of conviction.

(3.) FOR the proper adjudication of the controversy involved in the present application, it is indispensable to refer the facts and evidence available on the record. The prosecution story, in brief, is that on the fateful day i.e. 16.3.2001, Ved Parkash (complainant) was going to Rajiaki for bringing bajri by his camel cart. Some boys of the village and Sarpanch Sachin Sanjeev and other co -accused were standing outside the school. Examination was going in the school. A warning was given by the school teacher to the students not to create any disturbance. At about 3.00/3.30 p.m. while returning from village Rajiaki to his village with Bajri loaded in camel cart and on reaching near to the fields of Sarpanch, he saw Sachin Sanjeev along with other co -accused on the road. Sachin Sanjeev (the present applicant) gave lathi blow on the right foot of the complainant -Ved Parkash and other co -accused persons also gave beatings to the complainant.