JAGDEV SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Accused Balbir Singh, Shamsher, Amarjeet and Gianender booked in FIR No.379 dated 29.12.2006 for the offences under Sections 323/325/506 IPC, registered with Police Station Ganaur, faced trial by Sub Divisional Judicial Magistrate, Ganaur, who vide judgment dated 7.9.2012 acquitted the accused of the charge framed against them by giving benefit of doubt.

(2.) Briefly stated, facts of the case are that on 9.11.2006, complainant Jagdev son of Surajmal, resident of village Moi at that time residing at Gautam Colony, Narela, Delhi had gone to village Moi to sow wheat crop in his agricultural land measuring about 25 acres; at about 3/4:00 a.m. his brothers came there and stated that he had no share in the agricultural land; when the complainant asserted his right over the land then his brothers got infuriated; Gianander and Amarjeet were armed with iron rods and they caused injuries with such weapons to the complainant on right foot, whereas their co-accused Balbir and Shamsher having lathies also caused injuries to the complainant on right foot; Smt.Savitri wife of complainant tried to rescue him but she was also given injuries by the assailants; on an alarm being raised by the complainant and his wife Smt.Savitri, Shamsher son of Ved and Surender son of Mahe arrived at the spot and then the accused ran away from their along with their respective weapons. The complainant and his wife both the injured were taken to hospital at Ganaur by their son Jitender, however, they were referred to hospital at Sonipat and therefrom to PGI, Rohtak. In the meanwhile, some respectables of the village approached the complainant for compromise but those efforts proved futile. On the basis of statement made by the complainant injured Jagdev to the police on 29.12.2006, formal FIR was registered. The matter was investigated. The accused were arrested.

(3.) After completion of investigation and other formalities, challan against accused was prepared and filed in the Court of Sub Divisional Judicial Magistrate, Ganaur.