BAPPI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 22.04.2014 passed by the Sessions Judge, Faridabad who dismissed the appeal filed by the appellant who had been sentenced to undergo rigorous imprisonment for 1 year alongwith a fine of Rs.250/- for commission of offence punishable under Section 323 IPC. He was also sentenced to undergo rigorous imprisonment for 1 year alongwith a fine of Rs.250/- for commission of offence punishable under Section 325 IPC. In default of payment of fine, he was to undergo rigorous imprisonment for a week on each count. Fine had been paid and is recorded in the judgment of the trial Court.

(2.) The appellant had faced trial in FIR no. 292 dated 15.07.2007, registered at Police Station Central Faridabad on the complaint made by Soran Khan. The complainant was present at his house. Some children were playing in the street in front of his house. The complainant on hearing the loud voices asked them to stop causing a ruckus. He asked the rickshaw pullers not to park their rickshaws in front of his house. Meanwhile, Bappi accused came ahead holding a knife and inflicted a knife blow on his left ear and one blow on the left side of the head. Ashok inflicted a danda blow on the left shoulder while Deepak started giving him kick and fist blows. An unknown person threw a brick on his house. The complainant raised alarm upon which his son Saddam came out. Babbi also inflicted a knife injury upon him which fell on his hand. Ashok inflicted a danda blow which fell on the left elbow. Another son of the complainant Firoz reached the spot and he was also beaten up by the accused. A complaint was lodged with the police and the formal FIR was registered. The injured were sent for medical examination and after completion of investigation, the challan was filed against four persons including the petitioner.

(3.) The petitioner alone was convicted and was sentenced to the imprisonment mentioned here-in-before. The rest of the accused were acquitted as they were given the benefit of doubt.