MOHAMMAD IRFAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 9/8/2023 passed by learned Sessions Judge, Nuh, whererby accused respondents No.2 to 7 have been acquitted of the charges framed against them by extending them benefit of doubt.

(2.) Vide order dtd. 7/3/2024, the lower Court record was called for. The same has been received.

(3.) As per the case of the prosecution, on 20/7/2015, the police party on patrol duty received a telephonic information regarding the admission of Irfan, Anjum and Irshad in the Community Health Centre, Punhana with the alleged history of sustaining injuries in a quarrel. The police party reached the hospital and after having taken the opinion of the Doctor, recorded the statement of injured Irfan. Irfan in his statement stated that on 20/7/2015 at around 02:30 PM, when he was present in his house, Hakam, Rijaul-Haq, Jahul, Jamshed, Usman, Mubarik, Kalu, Deenu, Jaikam, Akhtar, Aashik and Mubin, all residents of Village Jaiwant, came there along with illegal weapons and started hurling abuses. When the complainant asked them not to hurl the abuses, accused Hakam fired a shot upon him and he sustained pellet injuries on several parts of his body. On hearing the noise of firing, the brothers of the accused, Anjum and Irshad also came there and all the assailants fired shots upon them. It was further stated that in the interregnum, Mubin, who was having a stick with him, also came there and gave stick blow to Anjum (brother of the complainant). On hearing the noise, the father of the complainant (Mubarik) and Mubin son of Sahabuddin, reached there and had rescued them from the clutches of the accused. When many villagers gathered there, the assailants fled from the place of occurrence while issuing threats that they would kill the complainant in future.