SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) In case bearing FIR No.273 dtd. 26/8/2009, registered at Police Station City Tohana, for the offences punishable under Ss. 323, 324, 506 read with Sec. 34 of Indian Penal Code (for short-IPC), petitioners were convicted and sentenced by the trial Court as follows:- Ss. Imprisonment awarded 323/34 IPC Sentenced to undergo rigorous imprisonment for a period of three months each. 324/34 IPC Sentenced to undergo rigorous imprisonment for a period of three years each. 506/34 IPC Sentenced to undergo rigorous imprisonment for a period of one year each. Brief Facts:-

(2.) About the incident that took place on 24/8/2009 at about 9.00 a.m., FIR was registered on the statement (Ex.PB) of Satpal recorded on 26/8/2009 at about 8.15 a.m., wherein he stated that on 24/8/2009 at about 09.00 a.m., he and his brother Aakash had gone to their old house to take wheat-straw for their cattle. House of Man Singh was adjoining their house and in front of their house, sons of Man Singh had stacked bricks and stones. Complainant removed bricks and stones to a side and started taking wheat-straw. In the meanwhile, Satbir armed with gandasi came to the spot and gave a blow on the right side of the head of his brother Aakash. When the complainant intervened, Satbir gave gandasi blow on the thumb, finger and right arm of complainant. Jai Bhagwan gave an iron rod blow on the right elbow of Aakash while Joginder gave iron rod blow below knee on his right leg. Petitioner Krishan gave slaps to complainant and his brother while Rakesh and Surender (petitioner) gave beatings to them with dandas. They raised noise at which their father Lakhmi Ram and mother Smt. Chameli came there and got the complainant and Aakash relieved from the petitioners, who went inside their house giving threat to kill them.

(3.) During investigation, petitioner Surender was found innocent, while remaining petitioners were challaned for the offences punishable under Ss. 323, 324, 506 read with Sec. 34 IPC. On finding prima facie case, initially charge was framed against five petitioners except Surender for offences punishable under Ss. 323, 324, 506 read with Sec. 34 IPC to which they pleaded not guilty and claimed trial. Thereafter, on the application of prosecution, Surender was also summoned as additional accused and was charge-sheeted along with other accused.