LAWS(P&H)-2015-5-396

HARI PARKASH Vs. STATE OF HARYANA

Decided On May 14, 2015
HARI PARKASH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) CHALLENGE in the present criminal revision is to the judgment dated 20.03.2014 passed by Additional Sessions Judge, Kaithal, whereby accused -respondents no.2 to 4 have been released on probation and order of sentence passed by the trial Court has been modified to this extent.

(2.) IT is not necessary to set out the facts in detail. Suffice it to say that petitioner made a complaint Ex.PB to the police that due to opening of the door of his bara in gate which was closed forcibly by respondents No.2 to 4 on 04.02.2009, on which he raised objection, whereupon respondents started abusing him and Mohender Singh gave a lathi blow on his left hand. Kuldeep gave a lathi blow on his left knee as a result thereof he fell down. Shishpal gave lathis blow on his back. Mohender again gave lathi blow which hit on the finger of his left hand. On hearing his hue and cry, his neighbour Shishpal @ Chhota son of Surjan and others reached the spot and rescued him from the clutches of the accused. Thereafter, while petitioner was going towards his house, accused -respondents chased him and gave threat to kill him. He was medico -legally examined in the hospital. On the basis of the allegations contained in the application, FIR No.16 dated 07.02.2009 under Sections 323/325/452/506/341/34 IPC was registered at Police Station Dhand.

(3.) INVESTIGATION was set into motion. The accused were arrested. After completion of investigation, challan against the accused was presented before the Court. Complete copies of report submitted under Section 173 Cr.P.C. and other accompanied documents were supplied to each of the accused free of cost as envisaged under Section 207 Cr.P.C. Accused/respondents were charge -sheeted under Sections 452/323/325/506 read with Section 34 IPC vide order dated 02.05.2009 to which they pleaded not guilty and claimed trial.