KISHORE ALIAS NAND KISHORE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by Kishore alias Nand Kishore son of Roop Singh, resident of village Karnera, Tehsil Ballabhgarh, District Faridabad. He has been convicted by the Court of learned Sessions Judge, Faridabad, under Section 304 Part-II IPC and has been sentenced to seven years rigorous imprisonment.

(2.) APPELLANT was nominated as accused in case FIR No. 241 dated 24.10.1992 registered at Police Station Sadar, Ballabhgarh, under Sections 148, 149, 302 and 323 IPC along with nine other persons. Learned Sessions Judge held that the prosecution has failed to bring home the guilty of accused Roop Singh, Ram Singh, Chattar Singh, Vijay, Devi Ram, Rughan, Hatia, Bhagwan Dass and Parkash and they were acquitted. No appeal against acquittal has been filed against the acquittal of acquitted accused.

(3.) THE above said FIR was investigated. Report under Section 173 Cr.P.C. was submitted. Case was committed and accused were charged on 8.1.1993 by learned Additional Sessions Judge, Faridabad. All the accused were charged that on 24.10.1992 at 11.45 A.M. they constituted unlawful assembly armed with deadly weapons and caused injuries to Vijay Kumar, Rishi Raj, Ishwar son of Rewti and Ishwar son of Pat Ram and they committed offence under Section 148 IPC.