MOHAN SHYAM Vs. SONU AND ORS.

JUDGEMENT

(1.) Present criminal revision petition, at the instance of the complainant, is directed against the impugned judgment dated 21.05.2015 passed by the learned Sessions Judge, Palwal, whereby appeal of the convicts was partly allowed with modification, releasing the convicts -respondents on probation, upholding the judgment of conviction dated 13.2.2015 passed by the learned Judicial Magistrate 1st Class, Palwal.

(2.) Brief facts, as noticed by the learned trial Court in para 1 of its judgment, are that the case was registered on the complaint of complainant Mohan Shyam ('petitioner herein') to the effect that on 8.8.2009 at about 7.30. a.m., he was present in the house. Suddenly accused -respondents armed with Lathi, Danda, stones entered into the house of the complainant -petitioner. Accused -respondent (Sonu) inflicted lathi blow on the head of the complainant -petitioner. Accused -respondent (Dinesh) inflicted Danda blow on the left hand middle finger of the complainant. Accused -respondent (Santosh) hurled stone on the hip of the complainant -petitioner. Accused -respondent (Nitin) shoved the complainant. Accused -respondent (Gulla) also gave legs and fist blows to the complainant. On raising alarm, Raju and Om Parkash reached at the spot and saved the complainant from the clutches of the accused -respondents. While going accused -respondents also threatened to kill him on getting chance in future. Complainant -petitioner got himself medico legally examined in Civil Hospital, Palwal. Matter was reported to the police station but police did not take any action against the accused persons.

(3.) On the basis of above -said complaint, accused were summoned to face trial under Ss. 323, 452, and 506 read with Sec. 149 of the Indian Penal Code (IPC for short), vide order dated 7.1.2011. Pre -charge evidence was produced by the complainant -petitioner. Having found a prima facie case, charges were framed against the respondents for the offences under Ss. 323, 452, 506 read with Sec. 149 IPC, to which they pleaded not guilty and opted to contest.