TAHIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed against the order dated 2.8.2014 passed by the Additional Sessions Judge, Nuh, whereby the application under Section 319 Cr.P.C filed by petitioner Tahir has been dismissed.

(2.) Petitioner's father and the complainant Chandu @ Chand Mal (now deceased) had given a statement that all the accused had committed offence in collision with each other. During the trial, father of the petitioner got registered the above mentioned FIR, in which he has stated that he was working as a labourer and there were houses of Mubarik and Aadil sons of Subedar, Sajid and Akram sons of Bashir, Ilkash son of Ghugan, Tofik son of Khurshid @ Kullad, Rashid son of Safi all residents of Nijampur, District Mewat in his neighbourhood. On 22.7.2012 at about 5:00 p.m, children of aforesaid persons were playing cricket in the street and all of sudden ball came into his house and he told those children to play with due care and scolded these children. After sometime, Mubarik, Aadil, Sajid, Akram, Ilkash, Tofik, Rahish came to the house of the father of the complainant carrying danda. They challenged the father of the petitioner and said that they will teach him a lesson for beating their children. On this Iklash and Sajid dragged him out of his house and Mobarik hit him on his forehead with his danda and while he was lying on the ground Tofik gave danda blow on his head and Rahish, Aadil and Akram gave fist and kick blow On hearing his alarm, Ramjan son of Mehtab and Irfan son of Isha rescued him from accused.

(3.) After the FIR (Annexure P-1) was registered with above said allegations, challan was presented against Sajid and all the private respondents were kept in column no. 2. During trial, Ramjan appeared as PW-17 and Irfan appeared as PW-18 before the trial Court and gave their depositions.