SATPAL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Criminal Revisions No. 277 of 2013 and 232 of 2013, as both of them arise out of the judgment dated 11.01.2013 passed by the learned Additional Sessions Judge, Kurukshetra, dismissing the appeals filed by the petitioners against the judgment of conviction dated 17.09.2010 and order of sentence dated 18.09.2010 passed by the learned Judicial Magistrate Ist Class, Kurukshetra, had convicted and sentenced the accused-petitioners as under :- <FRM>JUDGEMENT_97_LAWS(P&H)5_2019_1.html</FRM>

(2.) Brief facts of the present case are that on 24.12.2002 the complainant-Manoj Kumar gave statement to the police that on 22.12.2002 at about 10 p.m. He was present at his house. He heard the screams of help from the courtyard of Mahabir Singh. He and his mother, namely, Rattan Kaur came out of their house and saw Vikas Kumar armed with an iron rod, Shamsher Singh with a danda, Parmod with a hockey stick, Ajay Kumar and Bhupinder with lathis, Anil Kumar with a Hockey stick and Satpal and Suresh with Gandasis. All of them were giving beatings to Mahabir and Sunita. When complainant and his mother tried to rescue them, then Satpal asked other petitioners to leave them and teach a lesson to the complainant. Complainant and his mother rushed to the house and petitioners followed them and inflicted injuries to them. Thereafter, Jatinder, Mahabir Singh and Sunita came and rescued them. Then all the petitioners, present at the place of occurrence, ran away with their respective weapons.

(3.) In the present case, the petitioners were charged for the commission of offences punishable under Sections 148, 452, 323, 324, 325 and 506 read with Section 149 of Indian Penal Code, 1860 (for short 'IPC'). The prosecution had examined four witnesses including complainant, namely, Manoj Kumar as PW-1 and his mother, namely, Rattan Kaur as PW-2. After taking into consideration the evidence on record, the Judicial Magistrate Ist Class, Kurukshetra vide judgment of conviction dated 17.09.2010 and order of sentence dated 18.09.2010 convicted and sentenced the accused-petitioners, as mentioned above.