RISHI PAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has filed present revision petition against judgment dated 11.3.2014 passed by learned Additional Sessions Judge, Kaithal whereby respondents No.2 and 3 have been ordered to be released on probation for a period of one year each without supervision on furnishing requisite bonds in the sum of Rs.25,000/- with one surety each in the like amount with an undertaking that they will be maintaining peace and harmony during this period of one year. The accused were also directed to compensate the complainant to the tune of Rs.20,000/-. The said amount was deposited by the accused in the appellate Court.

(2.) Briefly stated, case of the prosecution is that on 6.8.2010 at about 6.30 a.m. when petitioner-complainant Rishi Pal was present in his hair-dressing shop, respondent-accused Satpal son of Ram Dharai, Deepu alias Deepak son of Satpal and Rinku alias Pardeep son of Suresh came at his shop. Whereas Satpal and Rinku @ Pardeep were having Dandas in their hands, Deepu @ Deepak was having knife in his hand. Upon reaching there, they asked the petitioner that why he had gone to their home at 3.00 O'clock, on which the petitioner replied that he had never gone to their home. In the meanwhile, accused Satpal hit the Danda on the head of petitioner and then hit him with Danda on his arm and waist. Accused Rinku @ Pardeep also hit his Danda on both legs of the petitioner and then hit it on his waist. Accused Deepu @ Deepak attacked the petitioner with his knife due to which he received injuries on his right hand. On hearing the noise, Krishan Kumar and Rattan came at the spot and on seeing them, the accused fled away form there. While fleeing away from the spot, the accused also broke the glass and other things of his shop.

(3.) On the basis of aforesaid statement of the petitionercomplainant and after getting his medico-legal report, the FIR No.66 dated 6.8.2010 under Sections 323, 324 and 427 read with Section 34 IPC was registered against the respondents-accused at Police Station, Dhand, District Kaithal. After completion of formalities of investigation, report under Section 173 Cr.PC was prepared and presented in the Court. Copies of Challan were supplied to the accused free of costs as envisaged under Section 207 Cr.PC. Accused Rinku @ Pardeep was declared juvenile after conducting the enquiry and was sent to the Juvenile Justice Board for facing trial. However, accused Satpal and Deep @ Deepak were charge sheeted under Sections 323, 324 and 427 read with Section 34 IPC to which they did not plead guilty and claimed trial.