WAZIR SINGH Vs. RAM KUMAR

JUDGEMENT

(1.) BY filing the present petition under Section 482 of the Code of Criminal Procedure, the petitioner has craved the indulgence of this Court for quashing the order dated 22.7.2003 (Annexure P-2) passed by the learned Judicial Magistrate, 1st Class, Hisar as well as the order dated 15.12.2005 (Annexure P-3) passed by learned Additional Sessions Judge, Hisar, whereby partially dismissing the revision petition filed by the petitioner.

(2.) THE brief facts of the case are that on 12.10.2002 Ram Kumar complainant filed a complaint in the Court of Illaqa Magistrate, alleging therein that on 8.9.2002 at 11 a.m. he was spraying his cotton crop in his field and his wife Rani was cooking food in the Dhani situated in the fields. They along with their children are residing there in the field by constructing a house. It was on 8.9.2002 when the petitioner along with four other co-accused came in the Dhani of the complainant and Gopi Ram raised a lalkara to teach a lesson to the complainant and his wife and to kill them. After raising a lalkara Gopi Ram gave a gandasi blow on the head of Rani. On the noise raised by Rani, the complainant was attracted to the place of occurrence. Thereafter Gopi Ram gave another gandasi blow on the right hand of Ram Kumar, which hit on the fingers and thumb Janak Raj gave a jelly blow on the right leg of Ram Kumar. Accused Wazir, Janak and Sajjan gave jelly and lathi blows to Ram Kumar hitting on his right shoulder resulting into breaking of three bones. On account of injuries, I fell down and while I was lying on the ground, Wazir, Janak and Sajjan gave injuries with jellies and lathis on the right shoulder. Satrughan gave a gandasi blow from reverse side to Rani Devi and Sajan gave a jelley blow in between the legs of Rani Devi. On raising noise, Raj Kumar and Leela son of Baru resident of Village Danoda, who had come to our village to purchase buffalos and 3/4 passers-bye reached there and on seeing them and taking Rani to be dead, all the above mentioned accused ran away with their respective weapons, extending thereat to kill me and my wife, on getting the proper occasion. Thereafter, Raj Kumar brought me and my wife to Village in his tractor and was got admitted in Janta Hospital, Barwala where Dr. Sanjay Verma medico-legally examined both of us. A ruqa was sent to the Police Station but the police did not take any action. After discharge from the hospital, I went to the Police Station but instead of taking any action against the accused persons, the police personnel threatened to implicate me. As a result, the present complaint was filed in the Court.

(3.) AGGRIEVED by the orders passed by the learned Judicial Magistrate, Hisar, the complainants filed a revision before the Court of Additional Sessions Judge, Hisar, who after recording detailed reasons partly accepted the revision petition observing that offence under 326 of the Indian Penal Code is not made out against the accused and hence the summoning of the revisionist under Section 326 is not sustainable. So far as the summoning of the accused for the remaining offences is concerned, the order is perfectly valid and there is no merit in the revision petition and the same was dismissed.