VINOD Vs. STATE OF HAYANA

JUDGEMENT

(1.) FIR bearing No. 257 dated 13.9.2010 under Sections 148/149/323/325/307 IPC was registered in Police Station Beri in this case on the statement of Mahipal, wherein, he alleged that on 15.08.2010 at about 02:30 p.m, when he came out of his house, he found Vinu @ Vijay Pal and Vicky @ Nishikant standing outside carrying lathis, wherewith, they started inflicting injuries to him. Jai Parkash also joined them, who also inflicted lathi blow on the complainant. Rajender son of Raghubir was standing at a distance who raised lalkara, Santosh wife of Jai Parkash, Santosh wife of Kuldeep and Kusum wife of Narender then came and started pelting stones. Complainant fell on the ground and started raising alarm, that attracted Vinod, Netarpal, Saroj, Ravinder and Sandeep, who rescued him from the assailants and in the process, they, too, received injuries at the hands of the aforementioned persons. During investigation, respondents nos. 2 to 10 were found innocent and were kept in column no.2 of the police report, that was submitted against their accomplices before the Illaqa Magistrate.

(2.) AFTER supplying documents as required under Section 207 Cr.P.C to the accomplices of the respondents nos. 2 to 10, the Illaqa Magistrate committed the case to the Court of Session for trial, where, charge under Sections 148/149/323/325 and 307 IPC was framed against them, whereto, they pleaded not guilty and claimed trial. Consequently, prosecution evidence was summoned.

(3.) AFTER recording statement of the complainant, respondent no.1 before the trial Court moved an application (copy Annexure P.3) under Section 319 Cr.P.C for summoning of respondents nos. 2 to 10. Reply to this application was filed by the accomplices of respondents nos. 2 to 10, (copy Annexure P4).