- (1.) Judgment of conviction dated 04.06.2003 and order of sentence dated 05.06.2003 passed by learned Additional Sessions Judge (Fast Track Court) Bhiwani in Sessions case No.73 of 2001, are under challenge in this appeal moved by convict, namely Mohinder Singh and Karan Singh. State is contesting the appeal.
(2.) Prosecution had arrayed the appellants as accused in the First Information Report on the allegations that PW-3-Nirmala had made a statement before the ASI, Mahavir to the effect that on 10.03.2001 it was around 8 pm, she had gone to her homestead. Mohinder was sitting there with a Huka in one hand and lathi in the other. When she inquired from him why he was carrying Huka and lathi in his hands, some altercation took place. When he tried to leave the spot, she caught hold of him. Karan, brother of Mohinder and Bhale Ram uncle of Mohinder came on the spot and they attacked her with fists and slaps and rescued Mohinder from her.
(3.) Mohinder inflicted a lathi blow on her head with an intention to kill her. On hearing alarm, Ved Pal, husband and Om Parkash, brother-in-law of the complainant came there, whereupon, the assailants made good their escape. The matter was investigated into, and on completion of investigation, a report in terms of Section 173(2) of the Code of Criminal Procedure 1973 (in short the 'Cr.P.C.') was put up before the learned Ilaqa Magistrate, who on perusal of the report and documents appended thereto, found offence under Sections 452, 308/34 of the Indian Penal Code (in short the 'IPC'). As the offence under Section 308 IPC is triable exclusively by the court of Sessions, learned Ilaqa Magistrate committed the case to the court of Session at Bhiwani and the matter was entrusted for trial to learned Additional Session Judge, Bhiwani.;