- (1.) The private respondents were made to face trial for commission of offence under Sections 147, 148, 149, 323, 325, 427, 506, 452 and 436 IPC. After trial, they were acquitted so far as commission of offences punishable under Sections 148 and 436 IPC is concerned, however, qua other offences, they were convicted and sentenced vide judgment and order dated 18.1.2012.
(2.) This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against the above judgment, to the extent of acquitting the private respondents of the charges framed against them under Sections 148 and 436 IPC.
(3.) The above respondents were put to face trial on a statement made by Pal Singh (PW.1) which led to the registration of an FIR on 8.9.2008 against the private respondents. The trial Judge has noted the following facts from his statement:- that on 07.09.2008, when he was present at his resident at village Lohani, Rajiv son of Niranjan, Pawan son of Satbir and Pardeep son of Daya Nand, resident of village Lohani while driving a motor cycle, the number of which he did not know, came in the street at about 6.30 p.m., when the complainant asked them to drive it slowly, to which they replied that they were driving it slowly and they went to the residence of Rajender, Sarpanch of the village. Sarpanch Rajender asked him on telephone as to why he had stopped the children, to which, he replied that he had not stopped them rather he had only asked them to drive the motorcycle slowly. Sarpanch Rajender then threatened that it was night and he would be seen in the morning. After the talk, he came inside his residence where his brothers Rajender alias Rai Chand and Partap were taking meals alongwith children and saw that 20- 25 young boys alongwith Sarpanch Rajender of the village, after breaking the gate and wall, entered his house and started throwing bricks and stones. They firstly entered the Baithak (drawing room) and broke belongings and windowpanes. The bricks and stones were also hit on his left eye, neck, left side of stomach. Partap also received the brick blow in his head. Rajender @ Rai Chand received the injury by brick on his nose. The complainant party saving themselves entered the chowk inside the house. The assailants followed them. They were Sarpanch Rajender son of Om Parkash, Kaku son of Rajender, Rajiv son of Niranjan, Manoj son of Satbir, Pawan son of Satbir, Pankaj son of Daya Kishan, Ramesh son of Rohtash, Rajesh and Rajiv sons of Birbal, Pardeep son of Daya Kishan, Sunil and Sanjay sons of Bishamber, Bishamber son of Ram Swaroop, Satbir, Anand, Roshan, Hari Chand sons of Radhey Shyam, Om Parkash son of Kishori, Jitu son of Om Parkash, Satish son of Het Ram, Vicky son of Bajrang, Bajrang son of Suresh, Manohar, Ved Parkas sons of Dhanna Ram, Gajender son of Manohar and 15-20 more persons who could not be recognized due to darkness. They set their belongings, a motorcycle make Bajaj bearing registration No. HR-21B/9058, a bicycle, cot and a colour TV Mark Samsung , on fire. They (complainant party) hide themselves inside the rooms in their house after closing the doors. Therefore, the assailants broke the belongings in the house of his brother Partap and threw bricks and stones. While leaving the spot, they stated that they (complainant party) had been saved and they had taught them a lesson for stopping their motorcycle and for taking away their daughter Sanju and made threat to kill his entire family in case such an act was repeated again and stated that their family would not be allowed to live in the village. The entire occurrence was witnessed by the neighbours and his son Harish who got them admitted to General Hospital, Bhiwani, for treatment. ;