SATYAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the judgment dated 18.05.2007 passed by Shri Sandeep Kumar Garg, Additional Sessions Judge (Fast Track Court), Bhiwani, vide which the appeal preferred by the accused/appellants now petitioners against the judgment of conviction dated 22.11.2005 and order of sentence dated 23.11.2005 passed by Shri J. B. Gupta, Chief Judicial Magistrate, Bhiwani, was dismissed. The accused/ appellants vide said judgment were convicted under Sections 323/325/34 of the Indian Penal Code (in short "the IPC") and sentenced them to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 200/ - each for an offence punishable under Section 323 read with Section 34 IPC and they were further sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/ - each for an offence punishable under Section 325 read with Section 34 IPC and in default of payment of fine, they were further sentenced to undergo simple imprisonment for a period of thirty days.

(2.) HOWEVER , all the sentences were ordered to run concurrently. The facts as enumerated from the record are that on 30.08.1999 complainant Sandeep got recorded his statement to the effect that he went to bring his cow. When he reached near railway level crossing, Satyawan and Ram Mehar sons of Dharampal, Vijender s/o Deewan Chand along with one unknown person met him. Satyawan brought one iron rod from the shop of Pappi cyclist and inflicted blows on the forehead of complainant due to which he fell down. He further inflicted two more iron rod blows which hit below his right ear and right shoulder. Ram Mehar inflicted fist blows on the left hand wrist of complainant whereas Vijender inflicted kick blows on his right knee. The complainant raised alarm upon which he was rescued by his neighbour Sher Singh. Accordingly, he sought action against the accused by making the said statement. He further stated that the motive behind the occurrence was that about 15 days prior to the occurrence, his bua's (father's sister) son namely Parveen arrived at Bhiwani and the said Parveen developed love affair with Kavita d/o Dharampal. Both of them also got snapped photographs together. The said fact came to the knowledge of Dharampal (father of Kavita and accused Ram Mehar and Satyawan) and he was keeping grudge against them in his mind. On the basis of his statement, formal FIR was recorded. Investigation was carried out. Accused were arrested. Statements of witnesses were recorded. After completion of necessary investigation challan against all the accused/appellants was presented in the Court.

(3.) COPIES of the documents as envisaged under Section 207 Cr.P.C, were supplied to all the accused free of costs. On finding a prima facie case made out against all the accused, charge under Section 323/325/34 IPC was framed against all the accused, to which, they pleaded not guilty and claimed trial.