DAYA NAND & OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners-Dayanand and six others, who are young persons between the age of 20-33 years, have filed the present revision petition challenging the judgment 15.5.2013 passed by learned Additional Sessions Judge, Bhiwani, whereby, the appeal against the judgment dated 23.2.2011 passed by Sub Divisional Judicial Magistrate, Loharu, has been dismissed. Vide judgment dated 23.2.2011, Sub Divisional Judicial Magistrate, Loharu has convicted the petitioners under Sections 147, 148, 452, 323 and 325 read with Section 149 IPC and vide separate order dated 25.2.2011, sentenced them to undergo rigorous imprisonment for a maximum period of two years along with payment of fine.

(2.) Briefly stated, on an application dated 23.6.2009 submitted by complainant Mai Chand, FIR No.83 dated 14.7.2009 under Sections 147, 148, 452, 323, 325 read with Section 149 IPC was registered at Police Station Loharu against the petitionersaccused. As per the allegations made in the FIR, on 22.6.2009, at about 9-00 P.M., when the complainant was taking food in his house, Sonu, Kehender, Rakesh Govinda, Babu Ram, Inder, Daya Nand, Umed, Jony, Gobind, Bimla, Seema, Pushpa, Murti and Rajender came to his house. They were armed with lathi, gulel and stones. They started assaulting the complainant. The dispute was over some money exchange of labour work. In the meantime, his brother Rohtash, bhabhi Munni and niece Asha came for his rescue and injuries were inflicted upon these people also. When the call for help was made, Dharambir and Sombir came on the spot and rescued them from the clutches of the accused party. The injured were taken to the hospital and medical treatment, as required, was given. As against the original 15 persons, named as accused, the police submitted final report under Section 173 CrPC. But only eight persons were challaned. The trial Court, while observing that the prosecution witnesses have well elaborated the entire incident and participation of each and every accused who used the weapons like lathis, gulel, stones, giving of fist blows to the complainant and injured persons was established, found the accused guilty under Section 147, 148, 452, 323 and 325 read with Section 149 IPC and vide separate order dated 25.2.2011, sentenced the accused as under:- <FRM>JUDGEMENT_575_LAWS(P&H)9_2015_1.html</FRM>

(3.) Aggrieved against the aforesaid judgment of conviction and sentence dated 23.2.2011/25.2.2011, the petitioners preferred appeal before learned Additional Sessions Judge, Bhiwani. However, learned Additional Sessions Judge did not find any illegality in the aforesaid judgment and accordingly, dismissed the appeal vide judgment dated 15.5.2013.