DABU ALIAS DEVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 1.8.1986 passed by the learned Additional Sessions Judge (III), Faridabad by which the learned Judge was pleased to convict the accused Debu alias Devinder Singh son of Rup Chand and Devi Ram son of Ram Chand under Sections 323/34 of the Indian Penal Code and to sentence them to undergo imprisonment for a period of one year each. He was further pleased to convict them under Sections 332 and 353 of the Indian Penal Code and was also pleased to sentence them to undergo rigorous imprisonment for a period of two years each for the offence under Section 332 of the than Penal Code. No separate sentence was, however, passed for the offence under Section 353 of the Indian Penal Code on the ground that the offences under Sections 332 and 353 of the Indian Penal Code are overlapping in nature. It was further ordered that the substantive sentences shall run concurrently.

(2.) THE prosecution case was that on 12.2.1985 A.S.I. Dhara Singh (PW 6) was proceeding along with Head Constable Raghubir Singh (PW-5) and constable Madan Lal (PW-7) when a few workers complained to them near Indian Tool Company, Indira Colony, Faridabad that the accused persons along with Rajbir Singh son of Band had run away towards the side of Bagichi, after assaulting them. The police party then rushed towards the said 'Bagichi' and noticed the three accused persons sitting there. On noticing the police they tried to flee but the police party gave them a chase. The absconding accused Rajbir felled Head Constable Raghubir Singh on the ground and twisted his testicles. Head Constable Raghubir Singh cried out of pain and this attracted the other policemen accompanying him. They rushed to Head Constable Raghubir Singh. On seeing them arriving the accused Debu and Devi Ram succeeded in running away from the spot. The absentee accused Rajbir Singh was apprehended by A.S.I. Dhara Singh who produced him before Inspector Jagjit Singh. An F.I.R. was lodged with N.I.T. Faridabad on the same day at about 6.15 p.m. and a case was registered. The police took up investigation and on completion of investigation submitted charge-sheet against all the three accused persons.

(3.) THE learned Additional Sessions Judge found that no offence under Section 307 of the Indian Penal Code was made out and accordingly he acquitted the present appellants of the said charge. But the learned Additional Sessions Judge was pleased to convict the present appellants under Sections 323/34 and under Sections 332/353 of the Indian Penal Code and sentenced them as mentioned above.