JUDGEMENT
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(1.) Prosecution story, in brief, is that on 28.2.1998 at
about 2.30 P.M., complainant Pardeep along with his friend
Rajender and Sukhal were going towards village Dagdoli from
village Kadma. On the way, near the well, they were intercepted
by Partap, Priyawart, Hindkesh and Dilbagh who were armed
with jelly, iron rod and lathi . Priyawart gave a blow with iron rod
on the right hand of the complainant. Hindkesh gave a jelly blow
on the right elbow of the complainant. Dilbagh gave a lathi blow
on the left wrist of the complainant. In the meantime, Jitender
and Lakhi Ram armed with lathis came there. Jitender gave a
lathi blow on the left wrist of the complainant whereas Lakhi
Ram gave a lathi blow on the left thigh of the complainant. As a
result of this, complainant fell down. The complainant was
rescued by Rajender and Sukhal. All the assailants then fled
away from the spot with their respective weapons. The motive
behind the occurrence was that there were cases pending
between the complainant and the accused in Dadri court since
long.
(2.) On the basis of the statement of the complainant,
formal FIR was registered.
(3.) After completion of investigation and necessary
formalities challan was presented against the accused.
Vide judgment/order dated 15.6.2009, the petitioners
were convicted and sentenced qua commission of offence under
Section 325/34 of the Indian Penal Code ('IPC' for short) by the
trial court. Aggrieved by the same, petitioners preferred an
appeal. The appellate court dismissed the appeal of the
petitioners vide judgment dated 11.6.2012. Hence, the present
petition.;
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