KHURSID Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision has been filed by the petitioners against the judgment and order dated 15.7.1995 passed by learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka and the judgment dated 9.10.1999 passed by learned Additional Sessions Judge, Gurgaon. The Sub Divisional Judicial Magistrate found the petitioners guilty and, thus, convicted and sentenced as under :-

(2.) HOWEVER , all the sentences were ordered to run concurrently.

(3.) THE prosecution story, in brief, is that on 29.12.1986, Idrish, complainant, lodged a case with police to the effect that earlier he had got constructed a well near the school wherein he got released the water connection from the water supply department. However, accused Jumma felt annoyed as he wanted to get the water connection for his house. He told accused Jumma that he shall not have any objection, if the water connection would be released to his house also by the department concerned. However, on the same day, accused Jumma brought an employee of water supply department and asked him to cut the water connection of the aforesaid well and to get the same released to his house. PWs Jeet Khan, Dhup Khan, Leela son of Niwaj Khan also reached there. On hearing lalkara of accused Jumma, Yakub, Kallu, Khurshid, Gunga, Sheodan, Asloop, Sheodan, Shokat and Mehtab, who were armed with deadly weapons, the employee of the water supply department ran away from there. Accused Khurshid gave a lathi blow on his left ankle. Accused Jumma snatched the lathi of Yakub. Thereafter accused Yakub gave a brick-bat blow on his fore-head. Accused Gunga caused hurt on the forehead or Jeet Khan with Ballam. Accused Saudan caused hurt near the left eye of Jeet Khan with stone. Accused Asloop gave a stone bat blow on his right elbow. Accused Jumma caused hurt on the head of Leela with lathi. Accused Mehtab gave a lathi blow on the left side of the forehead of Leela. Accused Saurab gave a lathi blow on his (Leela) right hand and accused Shokat gave a lathi blow on the left shoulder of Leela as a result of which he fell down and lost his senses. On raising noise, PWs Habib, Maqsood, Noor Mohd. and Kamru were attracted to the scene of occurrence, who intervened and rescued them from the clutches of the accused. Accused Jumma, Amin, Bulla, Hanif, Hussain Khan, Chhote Khan and Ibrahim also reached the place of occurrence having lathies in their hands. Thereafter, injured/complainant got themselves medico-legally examined.