SUBHASH CHANDER & OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners namely Subhash Chander, Sushil Kumar and Vinod Kumar have filed the present revision petition against judgment dated 4.7.2015 passed by learned Additional Sessions Judge, Fazilka, whereby their appeal against the judgment of conviction dated 11.4.2014 passed by learned Sub Divisional Judicial Magistrate, Abohar was dismissed.

(2.) Briefly stated, FIR No.37 dated 12.2.2009 under Sections 325/323/34 IPC was registered at Police Station Abohar on the statement of complainant Sanjay Kumar to the effect that on 5.2.2009 at 7.30 P.M., he had come to deliver milk to Rajiv Kumar, owner of tea stall situated near Sidharth Filling Station, Defence Road, Malout, Ganganagar. Accused Subhash Chander, Sushil Kumar and Vinod Kumar and one unidentified person armed with dangs and iron pipes, were sitting on the cot near the tea stall.

(3.) When the complainant was proceeding towards his dhani after delivering milk to Rajiv Kumar, the accused Subhash Chander asked the complainant about his well being and moved ahead for hand shake. Complainant replied that he is alright and shook hand with Subhash Chander, but Subhash Chander pulled the complainant on earth and the unidentified person caught hold of the complainant from his hair. The complainant was beaten by all the accused jointly with iron pipes and dangs. On raising alarm, Rajiv Kumar and the boys working at petrol pump rescued the complainant from the clutches of the accused. In the meanwhile, all the accused fled away from the spot along with their respective weapons on motorcycle. The complainant was admitted in Civil Hospital, Abohar, where he was medicolegally examined. The cause of occurrence was that about 15-20 days back, Leelu Ram father of Vinod Kumar and Ram Saroop father of Sushil were sending stray animals whereas the complainant was restraining them from doing so. At that time, an altercation took place between the Leelu Ram and Ram Saroop. On the basis of the above statement of the complainant offence under Sections 323/325/34 IPC was found to have been committed by the accused. However, on receipt of x-ray report, injuries no.1 and 5 on the person of the complainant were declared grievous and accordingly, the instant FIR was registered against the accusedpetitioners.