RAGHU NANDAN Vs. SATISH AND OTHERS

JUDGEMENT

(1.) Prayer in this revision petition is to set aside the judgement dated 20.12.2014 passed by the Judicial Magistrate First Class, Bhiwani, vide which the respondents/accused were acquitted in FIR No.14 dated 12.01.2009, under Sections 148,323,427,149 IPC, registered at Police Station City Bhiwani, as well as the judgement dated 07.06.2016 passed by the Additional Sessions Judge, Bhiwani, vide which the appeal filed by the complainant was dismissed.

(2.) Brief facts of the case are that on 27.12.2008, complainant Raghu Nandan was present at his house, some persons came to his house regarding purchase of his buffalo. The persons namely Satish son of Gaja Nand, Sona wife of Raj Kumar, Rajesh son of Munshi Ram, Suresh-brotherin-law of Rajesh, Prema wife of Mahender, Asha daughter of Raj Kumar alongwith some other boys came there and demolished the wall of the house of the complainant towards the side of Kumhar Community. When they were restrained from doing so, they started pelting brick bats and stones on the complainant. The accused persons were armed with their respective weapons. The complainant also suffered brick bat blows. The complainant disclosed in his statement that the accused persons were having enmity with him and also inflicted injuries upon him earlier also and they wanted to take possession of the land of the complainant by ousting him.

(3.) After the investigation was complete, the police submitted the report under Section 173 Cr.P.C. The respondents-accused did not plead guilty and claimed trial and thereafter, the trial Court framed the charges under Sections 148,343,427 IPC read with Section 149 IPC.