DRAB SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) By way of this revision petition, Drab Singh, the convict has questioned the judgment of learned Judicial Magistrate Ist Class, Chandigarh dated 3.12.2007 and the judgment of learned Sessions Judge, Chandigarh dated 5.12.2012, passed in a case registered by way of FIR No. 133 dated 14.7.2000 at Police Station Mani Majra, Chandigarh for an offence punishable under sections 323, 325 read with section 34 of Indian Penal Code.

(2.) Mohar Singh, the complainant had a dispute with the other side regarding a passage leading to his house from the year 1995-96. The passage was blocked by the accused, Randhir Singh, Drab Singh and others by putting an iron gate thereon. On 26.6.2000, at about 6.00/7.00 PM, the parties had a quarrel about the passage leading to their houses.

(3.) During the night of 26 th and 27 th June, 2000, at about 1.30 AM, accused started using abusive language from their own house. They then came out of their house. Drab Singh continued using filthy abuses. Jagtar Singh, son of the complainant came out of the house and asked him the reason for his behaviour. The accused, Jagir Singh, Drab Singh, Randhir Singh and Jasbir Singh started pelting brick bats. Jagtar Singh suffered injuries in the same. Hearing the commotion, Mohar Singh and Gurinder Singh also came out. The neighbours, Babu Ram and Hira Singh were also attracted by the noise. Then all the accused attacked the complainant party with bricks and lathis. Jagtar Singh suffered injury on his eye. The complainant also suffered injury on his shoulder. In the meanwhile, somebody informed the police and the police reached the spot and shifted the injured to General Hospital, Sector 16, Chandigarh.