KARAM SINGH Vs. NARESH

JUDGEMENT

(1.) CRM-41278-2018 Exemption application is allowed as prayed for. CRM-41279-2018 Prayer in this application filed under Sec. 482 Cr.PC is for placing on record the copy of charge sheet dtd. 18/5/2010, statement of CW2 Dr. Sanjeev Bhagat and his affidavit as Annexures R-1 to R-3 respectively. Documents Annexures R-1 to R-3 are taken on record subject to all just exceptions. CRM stands disposed of. CRM-M-42223 of 2016 The petitioner has filed present petition under Sec. 482 Cr.P.C. for setting aside the judgment dtd. 7/10/2016 (Annexure P-5) passed by learned Additional Sessions Judge, Kaithal, whereby the revision petition filed by the petitioner-complainant against the order dtd. 12/8/2016 (Annexure P-3) passed by learned Judicial Magistrate 1st Class, Kaithal vide which the respondents-accused were charge-sheeted under Ss. 323, 325, 148 and 506 read with Sec. 149 IPC, was dismissed.

(2.) Briefly stated, the petitioner has filed a complaint under Ss. 323, 324, 325, 326, 148, 149 and 506 IPC against the respondents-accused with the allegations that on 1/3/2010 on the day of Holi, an altercation took place between Bubble son of Kapoora Gujjar with some boys of Brahmin community for throwing colours on each other. The complainant along with Nafe Singh son of Dalipa Gujjar, Godhu son of Lila Gujjar resident of village Geong were returning to their houses from their fields and at about 09.00 P.M., when they reached near the Brahmin Chopal, accused Naresh, Happy and Pardeep were abusing the whole Gujjar community. When the complainant asked them as to why they were abusing the whole Gujjar community, all the three accused assaulted him with fist and leg blows. The complainant was saved by Nafe Singh and Godhu. Thereafter, the complainant went to his house. However, the complainant shared this incident of assault with his son Som Nath as well as Dheera and Teka sons of Soran. They accompanied the complainant to lodge their protest. When they reached near Mandir Laxmi Narain, accused Nos.1 and 3, namely, Naresh and 2 of 9 Pardeep armed with Gandasis and accused Nos.4 to 7, namely, Gaurav, Happy, Anand @ Nindi and Ajay armed with Lathis, whereas accused No.2 Pawan armed with iron rod with a common intention and object attacked them after giving a Lalkara that these Gujjars should be taught a lesson. Accused No.3 Pardeep gave a Gandasi blow on the right elbow of the complainant, accused No.2 Pawan gave an iron rod blow on the right leg of the complainant, accused No.1 Naresh gave a Gandasi blow from its blunt side on the left hand of the complainant and accused No.7 Ajay gave a Lathi blow on the chest of the complainant. Besides this, accused No.1 Naresh gave a Gandasi blow on the nose of Dheera, whereas accused No.6 Anand and accused No.4 Gaurav gave Lathi blows to Dheera. On hearing the noise, Teka son of Soran and Subash son of Gaje Singh Gujjar reached the spot and saved them from the clutches of accused. All the injured were admitted to Government Hospital, Kaithal. Injured Dheera was referred to PGIMER, Chandigarh by the doctor on duty as his condition was serious.

(3.) The matter was reported to the police and an FIR No.40 dtd. 2/3/2010 under Ss. 323, 506, 148 and 149 IPC was registered at Police Station Kaithal, wherein the police had challaned only four accused, namely, Naresh, Happy, Pardeep and Gaurav. The remaining accused were declared innocent and their names were mentioned in Column No.2 in the Challan.