SUNDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge is to the order dated 13.12.2012 passed by the Additional Sessions Judge, Nuh, whereby charge under Section 308 IPC, instead of Section 307 IPC, has been framed against the accused.

(2.) The FIR (Annexure P-1) was registered on the statement made by Sunder-petitioner alleging that on 26.03.2012, he and his wife were returning home from their fields on their tractor. When they reached near the house of Karan son of Chhitar, a three wheeler was parked in the street by Bhupender @ Monu-respndent No.1. He was asked to remove the said three wheeler, whereupon he startedhurling abuses. The petitioner-complainant tried to pass his tractor-trolley from a side, but in the process, it touched the three-wheeler on its indicator. He offered to bear the expenses of the damage of the threee wheeler.

(3.) In the meantime, Rakesh @ Bindu-respondent No.2 gave an iron 'khundala' blow on his head from the sharp side. Bhupender brought out an iron rod from three wheeler and gave a blow on their right temple of the complainant. Thereafter, Mitlesh came there and gave a lathi blow on the wrist of his left arm. The complainant-petitioner started running, but karan gave an iron rod blow on his left wrist and Rajpal @ Bona gave a danda blow from the front side on his head. Thereafter, the complainant fell down. Then, his wife-suman raised an alarm, which attracted his other family members. Thereafter, all the assailants ran away from the spot along with their weapons. While leaving the spot, Karan Singh snatched gold chain and ear ring from Suman, wife of the complainant.