SINTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the judgment of conviction dated 07.12.2011 and order of sentence dated 10.12.2011 passed by the trial Court, convicting the petitioners/accused under Sections 323, 326, 341, 427 read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC') and the judgment dated 21.10.2013 passed by the Appellate Court whereby the revision filed by the petitioners against the order of conviction and sentence dated 07.12.2011 and 10.12.2011 was dismissed.

(2.) The prosecution case as per the FIR is that the complainant - Naresh Kumar son of Santa Ram got the FIR No.40 dated 31.03.2005 for offence punishable under Sections 323, 326, 341, 427 read with Section 34 IPC registered against the petitioners/accused with the allegation that on 29.03.2005 at about 11:00 PM, when he was coming towards his village from Kaithal on his four-wheeler bearing registration No.HR-10-A-1060 driven by Ranbir son of Bhim Singh, on reaching near village Sajuma they saw a tractor-trolley parked in the middle of the road. On seeing that they slowed down the speed of their four-wheeler and stopped near the tractor-trolley. When the complainant tried to get down from the four-wheeler, the petitioners/accused gave lalkara and on hearing the same, the driver of the four-wheeler fled away from the spot due to fear. Thereafter, petitioner No.2 - Bintu caught hold of the complainant and petitioner No.1 - Sintu bite him on his back. Both the petitioners also caused several injuries to the complainant and petitioner No.2 - Bintu seized the complainant by his throat and as a result of which his tongue came out from his mouth and petitioner No.1 - Sintu bit on the tongue and the complainant became unconscious. He was brought to the hospital by one Balbir Singh and got him admitted. Thereafter, the police from Police Station Kalayat came and recorded the statement of the complainant and lodged the FIR.

(3.) After completion of investigation, charges were framed against the petitioners under Sections 323, 326, 341, 427 read with Section 34 IPC to which they did not plead guilty and claimed trial.