DAYANAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the present revision petition against the judgment dated 15.1.2003 whereby learned Additional Sessions Judge, Rohtak acquitted respondents No. 2 to 5 -accused in FIR No. 403 dated 16.12.2001 registered under Sections 148, 323, 452, 325, 302 and 149 IPC registered at Police Station Meham.

(2.) BRIEFLY stated, the aforesaid FIR was registered on the ground that on 15.12.2001 a VT message (Ex. PL) was received from the Police Post, PGIMS, Rohtak regarding admission of injured Raghbir (since deceased) and injured Dayanand (PW6) in the hospital. The Ruqa (Ex. PC) was sent by the doctor informing admission of Raghbir and Dayanand with alleged history of assault in the village Lakhan Majra. The doctor declared Dayanand to be medically fit to make the statement, but Raghbir was found unfit. Then, the statement (Ex. PG) of Dayanand (PW6) was recorded by the police. In his statement, injured Dayanand had stated that on the date of incident when he was present in his house along with his all four daughters, his brother Raghbir apprised him that accused Rajesh son of Bahadur had assaulted him and gave filthy abuses in front of the shop of Jagdish Pandit. Dayanand consoled him by saying that it was a petty matter. However, at about 7.30 p.m., accused Rajesh son of Bahadur (not sent for trial because of his military service and was posted at Border) armed with Gandasa, Rakesh son of Bahadur armed with Lathi, Bahadur son of Tek Ram armed with Jaily, Krishan and Suraj Mal both sons of Tek Ram empty handed, came there collectively and said that they would teach a lesson for picking up quarrel with Rajesh. After saying so, Krishan caught hold Dayanand whereas Suraj Mal caught hold Raghbir when Rajesh gave a Gandasa blow on the back side of the head of Dayanand. Rajesh and his father Bahadur gave Lathi and Jaily blows to Raghbir.

(3.) AS per MLR (Ex. PA), following injuries were noted on the body of Raghbir: