SAHAB RAM AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant revision petition is directed against the order dated 16.2.2016 passed by the learned Additional Sessions Judge, Fatehabad, whereby an application moved by the prosecution seeking discharge of the present petitioners in case FIR No.386 dated 30.6.2015, under Sections 147, 148, 323, 325, 341, 379 and 307 read with Section 149 of the Indian Penal Code, registered at Police Station Ratia, District Fatehabad has been declined.

(2.) Briefly, it may be noticed that the FIR came to be registered at the instance of Mukesh Kumar son of Hanuman in relation to an occurrence dated 28.6.2015. Complainant asserted that when he was returning from his fields on his tractor and reached on the main path, Chhotu Ram armed with a kassi, Sahab Ram (present petitioner No.1) armed with an axe, Rattan Ram armed with a rod, Sher Singh (present petitioner No.2) armed with a gandasi, Bhal Singh armed with a lathi attacked him. As per complainant's version, petitioner No.1, i.e. Sahab Ram, tried to give an axe blow on his head and when he tried to save himself, the axe hit on his left finger and the reverse side of axe hit his head. Direct/overt act attributed to Sher Singh (petitioner No.2) is that he tried to give a gandasi blow on the head of the complainant and when he raised his arm to save himself, the same struck to his right wrist.

(3.) Challan in the present case was presented on 25.9.2015 in which the present petitioners along with others were nominated as accused.