ISHAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Feeling aggrieved against the order dated 9-10-2003 passed by the learned Additional Sessions Judge, Kurukshetra, petitioners Isham Singh, Charana and Saraba, have filed this petition for quashing of the said order vide which they have been summoned as an additional accused to face the trial under Sections 323, 324, 325, 326 and 34, I.P.C. along with four more accused.

(2.) In this case, on the written complaint of one Jodha Ram, an FIR was lodged against seven persons under the aforesaid Sections at Police Station Pehowa. In the said complaint, it was alleged that the complainant and the accused were having their agricultural land adjacent to each other. On account of spray of pesticides, there was some misunderstanding in the mind of the accused. On that account, on day, i.e., on 18- 3-2001, all the accused armed with deadly weapons came in the street in front of the house of the complainant and started abusing him. When the complainant asked why they were abusing him, upon this all the accused raised a lalkara and started to give Lathis, Kulhari and Saria blows on the body of the complainant. The accused persons caused injuries on his legs, head, back and other parts of the body and also caused fracture on the leg. The complainant cried in loud voice, upon which, Jagdish, Ram Singh and Santosh wife of the complainant attracted to the spot and rescued the complainant from the cruel clutches of the accused. Thereafter all the accused ran away from the spot along with their respective weapons, after giving threat to kill the complainant in near future.

(3.) The complaint was referred under Section 156(3), Cr.P.C. on the basis of which, the aforessaid FIR was registered. The matter was investigated by the police. On enquiry, the police found that all the three petitioners were not invloved in the crime and the challan was only filed against four persons from whom the weapons were recovered and who, according to the police investigation, were involved in the crime.