BHOOP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Instant criminal revision petition is directed against the impugned judgment dated 5.12.2012 passed by the learned Additional Sessions Judge, Bhiwani, whereby criminal appeal filed by the petitioner against the impugned judgment of acquittal dated 21.5.2010 passed by the learned Judicial Magistrate 1 st Class, Charkhi Dadri, was dismissed and acquittal of the respondentsaccused was upheld.

(2.) Briefly put, facts of the case, as noticed by the learned trial court in para 2 of its impugned judgment, are that on 23.10.2001, upon receiving a VT message regarding admission of injured Bhoop Singh in General Hospital, Dadri, Head Contable Balbir Singh reached the hospital and after obtaining opinion of the concerned doctor, recorded statement of complainant Bhoop Singh, wherein, he alleged that on 22.10.2001 at about 9:00 P.M., when he was sitting in the street in front of his house, Sunil s/o Smt. Lali, R/o Kadma, who was nephew (Bhanja) of village Changroad, came there on his motorcycle marka Suzuki A/F and struck the motorcycle directly against the complainant. Dinesh son of Chhotu R/o Changrod was the pillion rider of that motorcycle. He just asked Sunil whether he would kill her. On his saying so, Sunil gave a fist blow on his face near his right eye and Dinesh, who was armed with an iron rod, gave its blow which hit his nose and face near right eye. In the meantime, Dinesh's brother Manoj and Nihal s/o Lal Chand, residents of Changrod also reached at the spot. Manoj caught hold of him from behind and Nihal Singh, who was armed with a lathi, gave its blow on his right foot and thigh. Then, Nihal Singh gave a bite on the thumb of his right hand. Thereafter, he raised the alarm Maar Diya-Maar Diya, upon which his brother Ramesh and Mahender Singh s/o Rameshwar, residents of Changrod, rushed to the spot and rescued him from the clutches of the accused, otherwise, they would have inflicted more injuries to him. Grudge of the accused for causing injuries was that about two/three months prior to the incident, Dinesh had struck his Maruti car against him but that matter was solved in the village itself. It was alleged by the complainant that on the previous day, he could not reach the hospital due to lack of means of conveyance but on that day, he had come to the hospital alongwith his brother Ramesh and got himself admitted there for treatment. He prayed for taking legal action against accused. On the basis of aforesaid statement Ex.PA, initially, DDR No. 20 dated 23.10.2001 was recorded and later on, after receiving medical report of the injured, formal FIR No. 307 dated 27.11.2001 was registered and criminal law was set into motion. During investigation, statements of witnesses under Section 161 Cr.P.C., were recorded, rough site plan of place of occurrence was prepared and accused, except Nihal, were arrested. After completion of other formalities of the investigation, report under Section 173 Cr.P.C., was prepared and the accused were sent to the court to face trial.

(3.) Copy of the challan alongwith documents attached therewith was supplied to the accused by the learned trial court, as required under Section 207 Cr.P.C. Charges for commission of offence under Sections 323/325 read with Section 34 IPC were framed against the accused, except Nihal Singh. Accused pleaded not guilty and claimed trial. Thereafter, accused Nihal Singh was also summoned by the learned trial court, while exercising its powers under Section 319 Cr.P.C. Charges for the abovesaid offences were also framed against the additional accused Nihal Singh, vide a separate order, to which he also pleaded not guilty and claimed trial.