(1.) The instant appeal has been preferred against the impugned judgment dated 12th July, 2004 and order of conviction dated 13th July, 2004, passed by Addl. Sessions Judge, Yamuna Nagar at Jagadhri, whereby, the accused-appellant(s) were convicted and sentenced as under:-
(2.) The prosecution case in brief is that on 29th September, 1998, a message was received by ASI Des Raj (PW-6) from an unknown person about a quarrel which had taken place in front of the Tehsil. When the police officials reached the spot, PW-5/Kesar Singh made a statement Ex. PC, wherein, inter alia he stated that at about 2:30 P.M. when he was having tea at the Tea Stall, he received information to the effect that Mukesh Kumar (appellant No. 2) s/o Chet Ram, against whom, a case stood registered was going in front of the Tehsil. Pursuant to the receipt of this information, he stopped Mukesh Kumar s/o Chet Ram, who was then told by the complainant (PW-5/Kesar Singh) that since a case stood registered against him, he should accompany him. While he was taking Mukesh Kumar towards the police station, two more persons i.e. Rajesh Kumar (appellant No. 1) and Chet Ram i.e. brother and father of Mukesh Kumar, respectively, stopped the rickshaw and started giving fist blows to the complainant. The complainant told the aforementioned accused-appellants that he was employed with the Police Department and a case stood registered against Mukesh Kumar. Despite being told so, the appellants continued giving injuries to the complainant. Vijay Kumar and Ashwani Kumar were attracted to the spot and rescued the complainant from the clutches of the appellants. On the basis of this statement, FIR (Ex. PD) bearing No. 348, dated 29.09.1998, under Sections 186, 333, 353, 34 IPC at Police Station City Jagadhri, was got registered.
(3.) The investigation thereafter was set in motion, accused were arrested and challan was put in Court against the accused persons. Charges were framed against the accused-appellants, to which they pleaded not guilty and claimed trial.