PRITAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Complainant Pritam has filed the instant appeal against the judgment dated 16.1.2014 passed by the court of Additional Sessions Judge, Bhiwani, whereby accused Birpal (respondent No.2 herein) has been convicted under Section 323 IPC and has been acquitted of the charges under Sections 307 and 325 IPC, and his co-accused Kuldeep (respondent No.3 herein) has been acquitted of all the charges by giving him benefit of doubt.

(2.) As per the prosecution version, which is based upon the statement of complainant Pritam, on 29.7.2012, there was a Satsang in his village, and there was crowd in that Satsang. At about 11.00, when he was sitting in the Satsang, accused Birpal telephoned him and enquired about his whereabouts as they were searching him for some time. The complainant suspected that accused Birpal was enquiring about his whereabouts, in order to kill him, therefore, he apprised his father about the telephone call and asked him to immediately reach at the Satsang. It is further the case of the complainant that his father Bhoop Singh reached there and took the complainant with him and started for their house. When they had covered a distance of 50 paces, then suddenly father of the complainant was caught hold. In the meantime, accused Birpal gave an iron rod blow on the left hand of the complainant, due to which he suffered fracture of his left hand. When he started running, then accused Kuldeep gave him several knife blows, whereas another accused, namely Sajjan, had given injuries to the complainant with the rod from behind. Two-three other persons, who were in muffled faces, had caused injuries with rods. When father of the complainant raised commotion, by that time, the complainant had fallen on the ground and had become unconscious. After leaving the complainant there, all the assailants fled away. While running, accused Kuldeep also fired two shots.

(3.) On the basis of the aforesaid statement, the formal FIR was registered under Sections 323, 506 and 285 read with Section 34 IPC. During investigation, after obtaining opinion of the Doctor, Section 307 IPC was added in this case. Accused Birpal and Kuldeep were arrested. However, their co-accused Surender alias Doga, Sandeep alias Binu, Goliya alias Anish and Sajjan could not be arrested and were subsequently declared proclaimed offenders.