KRISHAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Instant criminal revision has been preferred by the petitionercomplainant against judgement dated 21.03.2012 passed by learned Additional Sessions Judge, Gurgaon and the judgement of conviction and order of sentence dated 29.05.2010 passed by Judicial Magistrate Ist Class, Gurgaon. The learned Judicial Magistrate Ist Class convicted respondents No.2 to 4 in a case arising from FIR No.531, dated 14.07.2002 registered under Sections 307, 325, 323, 34 of the Indian Penal Code (hereinafter referred to as the 'IPC') (Section 307 deleted and Section 326 added later on) and sentenced as under:-

(2.) Brief facts of the case are to the effect that one medical ruqua bearing No.98 was received from Aryan Hospital, Gurgaon regarding admission of injured-Krishan Kumar upon which ASI Sukhdev Singh, reached the said hospital alongwith other police officials and sought the fitness of the injured from the doctor concerned. But the doctor had stated that injured was unfit for making statement but one eye witness Vijay Kumar made statement thereafter before the police to the effect that he used to work at Jai Bharat Boot House, Gurgaon. On 14.07.2002 at about 9:30 a.m. when he reached his house, he saw that Siri Bhagwan @ Pappu, Braham Parkash and Chander Bhan all sons of Babu Lal, who were neighbours of the complainant, were not having good relations with him, were abusing Krishan Kumar who is the elder brother of the complainant.

(3.) It was stated by the complainant Vijay Kumar that Siri Bhagwan was having a 'Sua' in his hand which is used for breaking ice. He gave a blow of the Sua on the back of the shoulder of Krishan Kumar near the spine. Braham Parkash and Chander Bhan gave slaps and fist blows to Krishan Kumar and made him to lie on the ground. Vijay Kumar and one Mahender witnessed the occurrence. On the basis of said report, FIR was registered.