KRISHAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this criminal revision petition is to the judgment dated 29.4.2006, passed by learned Additional Sessions Judge, Jhajjar, whereby the conviction and sentence recorded by learned Judicial Magistrate First Class, Jhajjar, for the offences punishable under Sections 323/34 and 326/34, IPC, qua the petitioners was dismissed.

(2.) Mr. Gurinder Singh, learned proxy counsel for the petitioners submits that both the Courts below have ignored the fact that petitioner No. 1, Krishan, and Ranbir Singh (since acquitted by learned Appellate Court) had received numerous injuries on their person in the same incident in which Ram Kishan (PW3) had received injuries. The occurrence had taken place in the street near the pond of the village in which both the factions had received injuries. Though the prosecution has failed to prove that the petitioners were aggressors, but even if the said fact is ignored, then at best it can be said that it was a case of free fight in which both the parties had come to cause injuries to each other and in those circumstances mischief of Section 34, IPC, would not be attracted since there was no common intention of one accused with other in causing the injuries. Even if the whole case of the prosecution is taken as it is, then also the convicts can be held guilty for their individual roles.

(3.) To elaborate his submissions, learned counsel contends that as per prosecution version Ram Kishan (PW3) had received simple injury on the waist by means of Lathi, inflicted by petitioner No. 1, Krishan. Ram Kishan (PW3) also received simple injury on his shoulder by means of Jelly, caused by petitioner No. 2, Rajinder Singh, while petitioner No. 3, Suresh, alleged to have used a Farsa (a sharp edged weapon) on the fingers of the right hand of Ram Kishan (PW3), causing grievous injury attracting the mischief of Section 326, IPC. He further submits that Ram Kishan (PW3) and his companions, namely, Dilbagh Singh and Om Parkash were tried separately for the offences punishable under Sections 323 and 325 read with Section 34, IPC, for causing injuries to petitioner No. 1, Krishan, and his co-accused Ranbir Singh. During trial, Om Parkash had since died, therefore, proceedings qua him were dropped. Learned Trial Court without appreciating the facts in depth acquitted Ram Kishan and another while the petitioners and their co-accused were held guilty of the offences punishable under Sections 323/34 and 326/34, IPC.