SUKHBIR Vs. DAVENDER WARDEN

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 17.07.2013 (Annexure P1) passed by the Revisional Court vide which while setting-aside the order dated 08.03.2011 (Annexure P5) passed by the trial Court, summoning the respondent along with other co-accused in a criminal complaint filed by the petitioner under Sections 307, 323, 506, 148, 149 and 120-B IPC of the Indian Penal Code (in short 'IPC') was set-aside and the case was remanded back by recording a finding that no offence punishable under Section 307 IPC is made out.

(2.) Brief facts of the case are that the petitioner has filed a criminal complaint No.421 of 2008 dated 08.03.2011 before the Additional Chief Judicial Magistrate, Hisar. It is alleged in the complaint that the petitioner was in judicial custody in FIR No.116 dated 10.02.2017 registered under Section 302 read with Section 34 IPC at Police Station Sadar Hisar and was lodged in Borstal Jail, Hisar w.e.f. 14.02.2017. It is further alleged in the complaint that the family of deceased person in the aforesaid FIR and some witnesses hatched a conspiracy with the staff members of Borstal Jail, Hisar, to kill the petitioner and on 20.09.2008, the petitioner was confined in a room where he was beaten up with belt and a stick was inserted in his anus. The petitioner bleed profusely and lost his consciousness and he was left to die in the room. The petitioner regained consciousness on the next day and was taken out from the room but again the accused persons threatened to kill him, in case, if he inform the incident to anyone. It is further stated in the complaint that the father of the petitioner, came to meet him in Jail on 24.09.2008 and he narrated the entire incident to his father, who moved an application before the Sessions Judge, Hisar on 27.09.2008 for the medico legal examination of the petitioner. The petitioner was medico legally examined by the Medical Officer, Government Hospital, Hisar where the doctor has wrongly recorded that the petitioner had fallen from the stairs, under the pressure of the accused persons. Since, the police has not taken any action, the complaint was filed.

(3.) The petitioner Sukhbir in his preliminary evidence examined himself as PW1 and reiterated the version given in the complaint. PW2 Dharambir, father of the petitioner also deposed on the line of the complaint and stated that he has moved an application before the Sessions Judge, Hisar for medical examination of the petitioner. PW3 Krishan and PW4 Santro, mother of the petitioner also deposed on the similar line.