PARDEEP AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present criminal revision petition is directed against the judgement dated 25.3.2015 passed by the learned Additional Sessions Judge, Bhiwani, whereby conviction and sentence of the petitioners, as recorded by the learned JMIC, Bhiwani, vide its judgement of conviction dated 21.2.2012 and order of sentence dated 23.2.2012 was upheld, dismissing the appeal of the petitioners.

(2.) BRIEFLY stated, the facts of the prosecution case are that on 6.5.2006, one telephone was received from Incharge Police Post, General Hospital, regarding admission of Anil son of Dhan Singh and Vikas son of Surender Sharma, residents of Bhiwani, SI Vikram Singh reached General Hospital, Bhiwani and obtained the Ruqqa along with MLRs of Anil and Vikas. After seeking opinion of the doctor, he recorded the statement of complainant/injured Anil to the effect that he hails from Halu Bazar Jawahar Chowk, Bhiwani and he is running a shop of Goldsmith. He along with his brother Raj Kumar has also installed a Dharamkanta in the name of Balaji Dharamkanta in Tosham at Siwani Road, Tosham. Yesterday, he along with Vikas son of Surender Sharma resident of Bichla Bazar, Bhiwani went to their Dharamkanta and at about 11.00/11.30 PM, he alongwith his brother Raj Kumar and Vikas were sitting there. In the meantime, his relative Ramesh son of Kanwar Singh Jat, resident of Tosham came there in a drunken condition and hurled abuses to which complainant raised objection; but he kept on abusing him and went away. After some time, he came back armed with Binda and started beating him. Due to this, complainant received injuries on his head and ear. His brother Sanjay also came there armed with Binda and gave a Binda blow on his left hand and when Vikas tried to rescue him, Ashok i.e. brother of Ramesh gave a Binda blow on his right hand also. Sanjay also caused injuries on the head and ear of Vikas with Binda. In the meantime, Tinny brother of Ramesh also came there who was armed with an Iron Rod and gave Iron Rod blow on his back and stomach. Ashok and Rajesh also caused injuries on the foot and back of Vikas with bricks and Binda. When they raised alarm, on hearing the same Vicky son of Mahender, resident of Bhiwani, his brother Raj Kumar and some other persons came there and rescued them. In this quarrel Rs. 1000/ - 1200/ - and one gold chain fell down and efforts were made to trace out, but the same could not be traced. The motive behind the occurrence was that he gave Rs. 35,000/ - to Ramesh and on demand he started quarreling with them. Thereafter, his brother Raj Kumar shifted them to General Hospital, Bhiwani. Action was prayed to be taken against the accused persons.

(3.) THE report under Section 173 Cr.P.C., having been presented in the court, copies thereof alongwith attached documents were supplied to the accused, as required under Section 207 Cr.P.C. On finding a prima facie case against the accused, the learned trial court charge sheeted the accused for commission of offences punishable under Sections 452, 323 and 325 read with Section 34 of the Indian Penal Code ('IPC' for short), vide order dated 29.1.2008. Accused pleaded not guilty and claimed trial.