HARI KISHAN AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of three revision petitions i.e. Criminal Revision Nos.1285 of 2015 (Hari Kishan and ano (Hari Kishan and another v. ther v. State of Haryana), 1540 of 2015 (Rakesh v. State of State of Haryana) (Rakesh v. State of Haryana) (Rakesh v. State of Haryana), Haryana) and 1551 of 2015 (Mahavir v. State of Haryana). (Mahavir v. State of Haryana).

(2.) These three revision petitions have been taken up for disposal together as they are directed against the common judgment dated 10.3.2015 passed by the learned Additional Sessions Judge, Gurgaon in terms of which the judgment of conviction dated 19.3.2013 and order of sentence dated 20.3.2013 passed by the Sub Divisional Judicial Magistrate, Pataudi, District Gurgaon whereby accused/present petitioners were held guilty and convicted under Sections 323/325 read with Section 149 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of six months under Section 323 of the Indian Penal Code and to undergo rigorous imprisonment for a period of two years and a fine of Rs. 200/- under Section 149 of the Indian Penal Code, has been upheld.

(3.) In brief, prosecution version is that the FIR was lodged relating to an incident that took place on 9.3.2003 upon the complaint of Jagdish. Complainant Jagdish stated that he, Ran Singh, Mukesh, Rameshwar, Mahavir and Narain were real brothers. Complainant Jagdish, Ran Singh, Mukesh and Rameshwar were residing together, whereas Mahavir and Narain were staying separately. Complainant is stated to have constructed and running a hotel in the portion of the premises that came to his share and in the share of Ran Singh, Mukesh and Rameshwar. Mahavir and Narain nursed a grudge on account of such activity. In the occurrence that took place in the late hours of 9.4.2003, Mahavir is stated to have broken a light that had been installed by the complainant upon the portion belonging to Mahavir. Complainant Jagdish having objected to the same, Mahavir accused (petitioner in Criminal Revision No.1551 of 2015) is stated to have given a spade blow on the back side of the complainant. Rama Nand son of Mahavir accused (petitioner No.2 in Criminal Revision No.1285 of 2015) had given lathi blows on the eye-brow of the right eye of the complainant. Hari Krishan and Rakesh are also stated to have come on the spot and given spade blows and danda blows on the complainant.