- (1.) CRM No. 35424 of 2012 For the reasons indicated in the Crl. Misc. application, the same is allowed. Delay of 157 days in filing the criminal revision is condoned.
(2.) CRR No. 1796 of 2012 The instant criminal revision has been filed against the judgment dated 29.09.2011 passed by the learned Addl. Sessions Judge, Karnal, whereby appeal filed by the State of Haryana has been dismissed and upheld the judgment dated 09.07.2010 passed by learned Addl. Chief Judicial Magistrate, Karnal vide which the respondents have been acquitted of the charges framed against them.
(3.) Brief facts of the case, as per the prosecution, are that Jasmer Singh son of Kanshi Ram made a statement before the police alleging that he is working as a Fitter Helper in Public Health Department. For long time, he had affixed Khuntas in front of his house for the purpose tethering his cattle. Babu Ram is his neighbour and Ramesh and Suresh are having a shop adjacent to the house of the complainant and a dispute qua the said shop is pending between him and Ramesh etc. in the Court. On 18.11.2001 at about 9 p.m., Rajesh @ Ganja, Suresh, Sinder and Chetan had uprooted the khuntas. It is alleged in his complaint that after some time, one knocked at his door and he opened the door, Suresh armed with a gandasi, Ramesh armed with lathi, Ganja and Sinder armed with gandasies, Chetan armed with a lathi and banu Ram armed with licensed gun were found standing there. Babu Ram raised a lalkara to kill the complainant whereupon Suresh gave a gandasi blow on his head, but the complainant managed to save the blow by raising his hand. The complainant had sustained gandasi blow on his right hand. The complainant raised hue and cry to which Rajesh and his uncle came to the spot. Ramesh gave a lathi blow on the chest of the complainant, whereas Ramesh gave him a lathi blow on his back. Ishwar was also give a butt blow on his chest and Rajesh and Sinder caused gandasi blow on the person of Rajesh, cousin of the complainant. The injured and other persons went inside their house. But the accused persons threw brick bats on the house of the complainant and had broken the door as well as his rickshaw. As per the complainant, they had also caused injuries to the accused in their self-defence by throwing brick bats upon them. On the basis of the statement, an FIR was registered against the accused. After completion of investigation, challan was presented against respondent nos.1 and 2 in the Court. Thereafter, charge was framed against the accused to which the accused pleaded not guilty and claimed trial.;