FATEH SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners, namely, Fateh Singh, Om Parkash, Satish, Umesh, Ashok and Shri Bhagwan have filed the present revision petition against the judgment dated 27.09.2017 passed by learned Additional Sessions Judge, Gurugram whereby their appeal against the judgment of conviction dated 15.05.2015 and order of sentence dated 16.05.2015 passed by learned Judicial Magistrate 1st Class, Gurgaon (now Gurugram), was dismissed with modification in the order of sentence.

(2.) Briefly stated, an FIR No.33 dated 29.01.2011 under Sections 148, 149, 323, 325, 452 and 506 IPC was registered against the petitionersaccused at Police Station Badshahpur, District Gurugram on the allegations that on 28.01.2011 at about 04.30 P.M., petitioner Satish had dumped cow dung in front of the house of complainant Mukesh. When the wife of the complainant Gyano Devi resisted, petitioner Satish along with other petitioners-accused came there armed with Lathi, Danda and Saria. Petitioneraccused Fateh Singh caught hold of Gyano Devi. The complainant reached to rescue her, but petitioner-accused Om Parkash gave a Saria blow on his left hand, whereas petitioner-accused Ashok gave a Lathi blow on his back. Accused Sribhagwan also gave an iron pipe blow on the right leg of the complainant. As a result, the complainant fell down and all the petitionersaccused gave several blows to him. When the complainant and his wife raised an alarm, brothers of complainant, namely, Rajesh and Vijay reached the spot and rescued them from the clutches of the accused. Before leaving the spot, the petitioners-accused also criminally intimidated the complainant and his wife that they (complainant and his wife) shall be killed.

(3.) After completion of investigation, Challan was presented in the Court. The copies of Challan as envisaged under Section 207 Cr.PC were supplied to the accused free of costs. On finding a prima-facie case, the accused were charge sheeted for the commission of offence punishable under Sections 148, 323, 325, 452 and 506 read with Section 149 IPC to which they did not plead guilty and claimed trial.