AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This application is filed under Section 5 of Limitation Act, 1963 seeking condonation of delay of 89 days in filing the application under Section 378 (4) Cr.P.C. seeking leave to appeal.

(2.) Applicant-complainant had filed a complaint under Section 323, 324, 326, 506 and 120-B IPC and Section 3 and 4 of the Act alleging that on 10.9.2013, when he was sitting in the shop of Parveen Kumar, all the accused-respondents No. 2 to 6, armed with dranti and lathis, came there. Accused Madan and Mukesh raised lalkara "Is Chamar dedh kamin ko Parveenka sath dene ka maja chakhado."? On this, accused Shahabaj Khan gave dranti blow on the left shoulder of the complainant-applicant, upon which he fell down and all the accused-respondents No. 2 to 6 inflicted injuries on his person. Upon the noise having been raised by the complainant-applicant, many persons had gathered at the spot and saved him from the accused persons. The complainant-applicant was taken to General Hospital, Karnal where he was medico-legally examined. He remained admitted there from 10.9.2013 to 15.9.2013. The matter was reported to the police but no action was taken. It is further alleged that on 30. 10.2013, when the applicant was going to Tehsil complex, all the accused-respondents had stopped him and accused-Jahagir Ali caught hold of him from the backside and hurled filthy abuses upon the applicant in the name of his caste and also gave him slaps and torn his clothes and had threatened to kill him in case any complaint was filed against them. After receipt of complaint, the same was referred to the police under Section 202 Cr.P.C. The learned Magistrate vide order dated 18.9.2014, summoned the accused-respondents to stand the trial for commission of offence under Sections 323, 324 and 120-B IPC and Sections 3 and 4 of the Act. Thereafter, the case was committed to the Court of Sessions vide order dated 21.4.2015.

(3.) Charges were framed against the accused-respondents under Sections 120-B, 323, 326, 506 read with Section 120-B IPC and Section 3 and 4 of the Act to which they pleaded not guilty and claimed trial.