NITYA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case in brief is that Rattan Lal is resident of village Ratta Kalan. He is serving as Head Master in Government Primary School, Nangal Malal. He is handicapped. He owns Nohra in Village Ratta Kalan. He had some dispute respecting that Nohra with Raja Ram who is the real brother of said Rattan Lal. On 15.4.1989 at about 5-6 p.m., Rattan Lal along with his son Yash Pal aged 8-1/2 years was gong back to his plot No. 284 from that Nohra. Raja Ram, Nitya Nand and his wife Urmila came in plot No. 284. Nitya Nand started putting earth in the foundations of the plot, which had been dug by Rattan Lal. Altercation took place between Rattan Lal and Nitya Nand. Nitya Nand had a danda in his hand. He gave danda blow on the forehead of Rattan Lal. Nitya Nand gave a slap on the left ear of Rattan Lal. Rattan Lal became deaf from the left ear. Rattan Lal fell down. Nitya Nand rubbed him with his knees. In the meantime, Rattan Lal's wife and son Yash Pal came there and tried to rescue Rattan Lal. Raja Ram caught hold Rattan Lal's wife. Urmila lifted Yash Pal in her arms and threw him on the stones collected by Rattan Lal for filling up the foundations of the plot. Yash Pal suffered fracture in his right wrist. On hearing the noise raised by Rattan Lal, his wife and son, Hari Singh son of Duli Chand and several others came there and rescued Rattan Lal, his wife and son. Thereafter Rattan Lal and his son went to General Hospital, Narnaul where they were directed to go to PHC Ateli and Police Station, Ateli. Rattan Lal went to PHC Ateli and got himself and his son medically examined. Rattan Lal went to Police Station, Ateli with a view to lodging the report. Thanedar Azad Singh misbehaved with him and recorded report lodged by him as he (Azad Singh) wished. He did not record his version as he (Rattan Lal) wished. He did not take any action and awaited X-ray report from General Hospital where Rattan Lal and his son Yash Pal were got radiologically examined. On 1.6.1989, Rattan Lal instituted the complaint against Raja Ram, Nitya Nand and his wife Urmila under Sections 323/325/34 IPC. After holding preliminary enquiry into the allegations of the complaint, Additional Chief Judicial Magistrate, Narnaul vide order dated 5.9.1990 found sufficient grounds to proceed against the accused under Sections 323/325/34 IPC.

(2.) ACCUSED were charged under sections 323/325/34 IPC. They pleaded not guilty to the charge.

(3.) AGGRIEVED , Nitya Nand and Urmila went in appeal to the Court of Session namely (Criminal Appeal No. RT-8 of 20.10.1995/29.7.1998) and Raja Ram went in separate appeal namely Criminal Appeal No. 1 of 10.11.1995/6.1.1998. Learned Additional Sessions Judge, Narnaul dismissed both the appeals vide order dated 6.3.1999.