VINOD KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition lays challenge to judgment dated 19.1.2011 passed by the Additional Sessions Judge-II, Bhiwani whereby Anil Kumar and others ( respondent Nos. 2 to 4 herein) have been acquitted of the offence while setting aside the judgment passed by the trial Court in regard to their conviction and sentence for offence under Sections 323, 342, 365 read with Section 149 of the Indian Penal Code.

(2.) The facts relevant for disposal of the present petition are that Vinod Kumar complainant (petitioner herein) lodged a report on 28.4.2005 that on 28.3.2005 at 4-00 a.m., he was returning to his house after watering his fields. When he reached near banny (small jungle), the accused namely, Anil Kumar, Sumer Singh and Sandeep Kumar along with two unknown persons came in a jeep bearing No. RJ-18C-3771. They pounced upon the petitioner, forcibly took him in the jeep after tying his hands and legs and he was blind folded. He was kept confined in a room in the residential house of accused Sumer Singh. The petitioner got an opportunity to flee from the place, met Mohar Singh, uncle of Sumer Singh and narrated the entire incident to him. At a short distance, Sachinder, his brother-in-law met him, who was going in a jeep with Gokal resident of Rajasthan. Sachinder brought the petitioner to village Damkora in the jeep. Father of the petitioner brought him to Civil Hospital, Loharu for treatment.

(3.) The learned trial Court, on examination of evidence adduced by the prosecution consisting of statements of Vinod Kumar PW1, Dr. Sudhir Kumar PW2 and Sachinder Kumar PW3 held the accused guilty of committing offence under Sections 323, 342, 365 read with Section 149 of the Indian Penal Code. The judgment of conviction passed by the trial Court was assailed in appeal before the Additional Sessions Judge, Bhiwani.