JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment dated 19.05.2003 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri whereby respondents No.2 to 8 were acquitted.

(2.) RESPONDENTS No.2 to 8 were tried in FIR No.259 dated 16.12.1996, registered at Police Station Radaur, under Sections 308, 323, 324, 325, 326, 148, 149 IPC. No appeal has been filed by the State against the order of acquittal.

(3.) THE story as unfolded by Naresh injured in the incident, was recorded by the police. He had disclosed that fields of Illam Chand adjoined his fields. Illam Chand had planted popular trees and the leaves used to fall in his field. Two - three days prior to 16.12.1996, Rajinder, cousin of the complainant had asked Illam Chand's son to cut the branches but Ishwar refused. An altercation ensued. The present incident occurred on 16.12.1996 when complainant Jai Singh was in his fields to harvest the crops. Chander Pal, his brother Naresh and Rajinder his cousin were also in the fields. They had been working for over 2 3 hours when accused Ishwar and his brother Sat Parkash armed with gandasi and lathi came to the fields and asked for Naresh and started hurling abuses. Jai Singh and Chander Pal tried to pacify him but Ishwar inflicted a gandasi blow on the complainant. Another gandasi blow was given to Chander Pal on the head. Sat Parkash also gave lathi blows. The complainant raised alarm. Chander Pal, Rajinder and Naresh who were working in the nearby fields came running. Accused Ishwar had called Rameshwar, Illam Chand, Nain Pal, Suresh and Bijender Singh. They all came armed with lathis and gandasis. Main Pal was holding a hockey stick, he raised a lalkara and threatened the complainant party and they thrashed Rajinder and Naresh. On hearing the alarm, Randhir Singh reached the spot and the accused fled with their weapons. The police registered the FIR under Sections 324, 148, 149 IPC. After the opinion of the doctor, Section 308 and Section 326 were added. All the accused were arrested except Om Parkash, whose name was shown in column no.2 of the challan.