BACHAN SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present criminal revision is to the judgment dated 08.07.2013 passed by learned Addl. Sessions Judge, Panchkula whereby appeal filed by the petitioner for modification of the judgment dated 21.3.2013 passed by Chief Judicial Magistrate, Panchkula, and enhancement of punishment, has been dismissed.

(2.) IN brief, the facts relevant for disposal of instant revision are to the effect that on a complaint dated 26.1.2010 by Bachan Singh son of Dhyan Singh DDR No. 10 dated 26.1.2010 was recorded. It was stated in the complaint that the complainant had been residing at House No. 527, Sector -6, Panchkula along with his family comprised of his wife Smt. Bholi Devi, sons Anil, Vivek, Chander Parkash and Dhan Parkash and their respective families. That on that day, at about 8.30 a.m., the complainant was present outside his house in the gali. The car his adjoining neighbour, Sumit Joshi, residing in H. No. 528, Sector 6 Panchkula, was parked outside his house in the middle of the road. Some persons asked Sumit Joshi, who was also standing outside his house in the gali, to remove his car but Sumit Joshi did not pay any heed and asked that fellow to get the car of the owner of H. No. 527 removed from the road, whereas, the car of the complainant Bachan Singh, who was the owner of House No. 527, Sector 6, Panchkula, was duly parked beside the road. Sumit Joshi hurled abusive language against the complainant. He brought/snatched a lathi from his house and started assaulting the complainant. The complainant raised alarm which attracted his wife, Bholi Devi and sons, Chander Parkash and Vivek. When they tried to rescue the complainant, Sumit Joshi inflicted a brick blow in the head of the complainant, whereas, his wife Nidhi Joshi had given a bite on the little finger of the right hand of Chander Parkash, due to which injuries were sustained by Chander Parkash. Smt. Bholi Devi was also physically assaulted by Sumit Joshi and his wife Nidhi Joshi. The injured were rescued and were shifted to the hospital. On the basis of DDR No. 10 dated 26.1.2010 coupled with the MLRs of Bachan Singh and his family members an FIR was registered. The accused were formally arrested as they were on anticipatory bail. Statements of the witnesses as envisaged under Section 161 Cr.P.C. were recorded. After completion of investigation, challan was presented before the Court.

(3.) IN support of its case, the prosecution examined complainant - Bachan Singh as PW 1, Amit Parkash as PW 2, Chander Parkash as PW 3, ASI Zile Singh as PW 4. Statements of accused under Section 313 Cr.P.C. were recorded. All the incriminating evidence appearing against the accused was put to them. They denied the same and pleaded false implication. However, the accused did not lead any evidence in their defence. The trial Court, vide judgment of conviction dated 20.03.2013, convicted accused - Sumit Joshi and Nidhi Joshi for the commission of offences punishable under Sections 323 and 506 read with Section 34 of the Indian Penal Code and vide order dated 21.03.2013, both the accused have been released on probation while directing them to pay compensation of Rs. 2000/ - each to the complainant -appellant.