SHER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in this petition is to the order dated 05.03.2015 passed by the trial Court vide which the application filed by the petitioner for amendment of charges has been dismissed as well as the order dated 17.03.2015 passed by the Revisional Court vide which the revision filed by the petitioner was also dismissed.

(2.) Brief facts of the case are that FIR No.190 dated 20.05.2009 under Sections 323, 506 read with Section 34 of the Indian Penal Code (in short 'IPC') was got registered by Sher Singh petitioner with the allegation that he is a labourer by profession and on 18.05.2009, he was feeding the pigs at his house with watermelon after cutting the same with knife and in the meantime, the accused Ravinder abused him and rebuked him for showing knife. Later in the evening, Bhagat Ram and Jogi again abused him in a drunken state in the name of his caste and then, they entered into a scuffle. On hearing the noise, Kuldeep, Ravinder, Prem Pal, Nand Lal, Sushil, Rakesh and Amit Kumar carrying sticks in their hands came there and gave beatings to the petitioner, his brother Ashok Kumar and son Nirmal Singh. Thereafter, the villagers rescued them.

(3.) After completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short 'Cr.P.C.') was presented on 10.07.2009 and the trial Court vide order dated 01.05.2010 framed charges against the accused persons under Sections 323, 324 read with Section 34 IPC to which they did not plead guilty and claimed trial.