GOPI CHAND Vs. DAVENDER MANGLA

JUDGEMENT

(1.) THE present revision has been filed by complainant Gopi Chand challenging the order passed by Additional Sessions Judge, Faridabad on 24.7.1999, whereby the respondents were discharged of offences under Sections 307/148/149 IPC.

(2.) A criminal complaint under Sections 307/148/149 IPC was filed by the complainant against the accused. It was alleged that he along with others was an employee in the factory M/s. Mangla Udyog. The employees sat on dharna in front of the factory for 24 hours on 29.1.1990 for acceptance of their demands. At the time, when the gate meetings were held, owners of the factory, accompanied by their henchmen, started throwing glass bottles and stones on the employees besides firing some gun shots. Luckily, none of the employee was hit on account of the firing of shots. The District Committee of the employees decided to lead a powerful procession on 9.2.1990 in support of their demands. When they were proceeding towards the gate of the factory, the owners of the factory, along with their henchmen, fired gun shots towards the employees. As a result, four labourers received gun shot injuries. Accused Virender Mangla fired gun shot towards Sher Singh s/o Bhajan Lal, the pellets of which hit him on his head and chest. Davinder Mangla again fired towards Gopi Chand s/o Chet Ram, who received three pellet injuries on his person. Nandan s/o Ram Rattan was hit on account of firing of shots by Davinder, Virender and Sita Ram. Similarly, Balbir s/o Udey Singh was injured at the hands of Virender and Narender. The accused had caused injuries to the complainant and his companions Sher Singh, Nandan and Balbir with an intention to kill them. The complainant, thereafter, went to the Police Station to lodge a report but it was all in vain. Left with no option, he filed the present complaint on 10.4.1990.

(3.) ACCUSED Narender Singh was reported to have died. Accordingly, his name was deleted from the array of the accused. Accused Sita Ram could not be arrested and he was declared a proclaimed offender. However, accused Davinder Mangla and Virender Mangla appeared in the complaint and they were released on bail. The case was, thereafter, committed to the Court of Sessions.