HAWA SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners had faced trial in FIR No.260 dated 11.4.2009 under Sections 332,353 and 506 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) registered at Police Station City Kaithal. The trial Court vide judgment/order dated 18.7.2012/19.7.2012 ordered the conviction and sentence of the petitioners under Sections 332,353 and 506 read with Section 34 IPC. The appeal filed by the petitioners against the said judgment of their conviction and sentence was dismissed by the appellate Court vide judgment dated 22.8.2014. Hence, the present revision petition by the petitioners.

(2.) Prosecution story, in brief, is that the complainant had received summons in the afternoon in connection with a case titled 'Tek Singh vs. Balinder'. Service was to be effected on Devi Lal working as Assistant Line Man in Electricity Department. Process server visited the Electricity Department Dhand in the afternoon and he was told that Devi Lal was on leave and would be available at his residence. Complainant reached Balaji Colony to effect service on Devi Lal, Assistant Line Man who was present in his house. Complainant served a copy of the summons and complaint to Devi Lal. In the meantime, father of Devi Lal on seeing plaintiff-Sewa Singh became furious and slapped the complainant. Devi Lal caught hold of the complainant. Thereafter, Devi Lal and his father gave beatings to the complainant by giving him kick and fist blows. They also tried to tear the summons.

(3.) Learned counsel for the petitioners has submitted that the petitioner-Devi Lal has been falsely involved in this case. In fact, on the alleged day of occurrence, Devi Lal was present on duty in his Office. Petitioners had no reason to give beatings to the complainant.