GAJA NAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CRM -68756 -2012

(2.) ALLOWED , as prayed for, subject to all just exceptions.

(3.) IN brief, the facts relevant for disposal of instant revision are to the effect that on 22.05.2003, on getting a wireless message that Gajanand (PW 1) was admitted in General Hospital, Bhiwani, in injured condition, the police party reached the hospital. The police party, after obtaining the opinion of the doctor, recorded the statement of Gajanand. Gajanand reported that he is a resident of village Sirsa Ghoghra. He is an employee of electricity department. On 21.05.2003, at about 7.00 p.m. While he was on his way from his fields to his house and reached near the canal, accused Rishi Ram, Pawan Kumar, Hanuman and Jai Bhgwan waylaid him. Rishi Ram was armed with 'gandasi' and Pawan Kumar was armed with 'lathi'. Rishi Ram gave a 'Lalkara' that they would teach him a lesson for constructing a house on their plot. Rishi Ram gave a 'gandasi' blow on his left arm. Pawan gave a lathi blow on his chest. Hanuman gave him fist blows. Chiman, Sanjay and Ramdhari also joined them and gave him fist blows. He raised alarm, which attracted Ratipal and Ram Charan, who rescued him from the assailants and accused left the spot. On his statement (Ex.PW 1/A), DDR No. 11 dated 22.05.2003 was recorded and on 24.05.2003, formal FIR was lodged. The investigation was set into motion. After investigation, the police filed the challan.