MUNSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) MUNSHI Ram, Chander and Hukma petitioners alongwith five other accused namely, Darya, Randhir, Fateh Singh, Duli Chand and Jaipal were brought to trial before the Judicial Magistrate 1st Class Sonepat for the offence under Sections 148 and 325 read with section 149, Indian Penal Code for causing injuries to Brahma, PW Jaipal accused, however, died during the pendency of the trial. All the remaining accused were found guilty for the offences under Sections 148,325/149 and 323/149, Indian Penal Code, and were accordingly convicted and sentenced to various terms of imprisonment and fine with the direction that their substantive sentences shall run concurrently. On appeal, the learned Additional Sessions Judge, Sonepat, acquitted Darya. Randhir, Fateh Singh and Duli Chand of the said offences but while acquitted Chander, Munshi Ram and Hukma of the offences under Sections 148 and 323/149, Indian Penal Code, reduced their sentence of imprisonment from two years to one year each under Section 325, Indian Penal Code. They have now come up in revision.

(2.) THE prosecution case is that on 3rd September, 1972, Brahma PW 1 was answering the call of nature in a pit in the area of village Purkhas and it was about 7.00 A.M. when all of sudden Duli Chand, Chander having axes, Munshi, Jai Pal (deceased) and Hukma having jalies Fateh, Randhir and Darya having lathies came there and surrounded him. Brahma wanted to run away after trying the knot of the string of his pyjama. In the mean-while, Duli Chand gave a direct blow with his axe on his head followed by Chander who also caused an axe blow on his head. Prabhu and Mohinder who were attracted to the spot, raised hue and cry and then accused bolted away. Brahma injured was taken to the Primary Health Centre, Ganaur and from there he was referred to the Civil Hospital, Sonepat. Dr. D.B. Raval, PW 4 medically examined Brahma on 3.9.1979 and found as many as 16 injuries on his person as detailed in the medico Legal Report, Exhibit PW 4/A. The accused were arrested. After necessary investigation, they were challanged and sent up for trial. The ocular testimony consists of Brahma, PW 1, Mohinder PW 2 and Prabhu, PW 3. Babu Ram, Assistant Sub-Inspector is the main investigating officer. The remaining evidence is of formal and subsidiary nature. When examined under Section 313, Criminal Procedure Code, the accused denied the prosecution allegations and pleaded false implication in the case. Mange was examined in defence.

(3.) AFTER hearing the learned counsel for both the sides and after perusing the evidence on record as also the judgments of the courts below, I am of the opinion that this revision petition must be allowed.