RAM NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HANS Raj instituted complaint No. 23/1 of 8.12.1990/8.2.1996 against Mangat Ram and others under Sections 323/324/325/447/452/148/149 and 120-B of the Indian Penal Code in the Court of the Magistrate on the allegations that on 7.10.1990 at about 10.30 PM Mangat Ram son of Raja Ram, Ram Nath, Naval Kumar, Ram Kumar, Ramesh Kumar (Rajesh Kumar) sons of Mangat Ram and Jai Singh son of Brahma Nand armed with lathis and other deadly weapons came to his residential house in the form of an unlawful assembly common object of which was to kill him and damage his property. Ram Nath was armed with kulhari, Jai Singh was armed with gandasi and other accused were armed with lathis. They began abusing the complainant (Hans Raj) in the name of his mother and sister. Complainant opened the door of his house and came out. He asked Mangat Ram and other accused as to what the matter was. Hans Raj was caught hold of by Mangat Ram and others. He was dragged from his house to the street. He was given beating mercilessly by all the accused. Ram Nath gave kulhari blow on the head of Hans Raj while Jai Singh gave him gandasi blow from the blunt side of the gandasi and the blow landed on the right eye of the complainant. Rest of the accused gave him lathi blows, thus causing injuries which began to bleed. He raised hue and cry and became unconscious at the spot. Mangat Ram son of Rulia Ram a member panchayat, Karta Ram son of Amar Singh and Prem Chand who were present nearby witnessed the occurrence. They saved complainant from the clutches of the accused. While leaving the spot accused threatened the complainant that this time he had been saved by witnesses but they would kill him in the near future as and when opportunity came their way. Accused threatened that they will teach him lesson for lodging complaint before Deputy Commissioner, Ambala against Mangat Ram accused for his purchase of the plot belonging to the society. The complainant knocked the door of Police Station, Naraingarh but the police took no action against the accused despite the complainant had been got examined with the intervention of the police.

(2.) MOTIVE for causing injuries to the complainant was that he was Director of Cooperative Credit Society of village Nanhera. Mangat Ram purchased plot belonging to the society vide sale deed date 8.2.1990 for an ostensible consideration of Rs. 6050/- acting in league with the Manager of the society. Manager was not empowered to execute the sale deed on behalf of the society. Plot was of much higher value which was sold at a meagre rate by the Manager of the society. Complainant being director of the society lodged written complaint before the Deputy Commissioner, Ambala and it was learnt that on enquiry Deputy Commissioner, Ambala had ordered the sale deed to be cancelled.

(3.) NOT satisfied with this order passed by Additional Chief Judicial Magistrate, Ambala, Hans Raj went in revision before the Additional Sessions Judge, Ambala. Additional Sessions Judge, Ambala accepted the revision vide order dated 27.5.1997 and set aside the order dated 18.4.1996 passed by the Additional Chief Judicial Magistrate, Ambala and remanded the case to that court for re-hearing the complainant and then to issue process against the accused as per law.