- (1.) Petitioner-Shish Ram was tried along with others by the Court of Additional Chief Judicial Magistrate, Jind (for short "trial Court") for offences punishable under Sections 323/324/325/326 and 452 read with Section 34 of the Indian Penal Code (for short "IPC"). The case of the prosecution as noticed by the learned appellate Court is as under. "The brief facts relevant for its decision are that on 17.11.2008 on receipt of a telephonic information from Police Post, General Hospital, Jind in respect of Rapat No.54 dated 17.11.2008 and regarding hospitalization of injured Bal Kishan son of Jogi Ram, resident of village Ahirka with injuries sustained by him in a fight, ASI Azad Singh alongwith Head Constable Ramesh went there and obtaining rukka MLR, sought opinion of the doctor, who declared him fit to make statement. Thereafter, he recorded the statement of injured-complainant Bal Kishan to the effect that he was an agriculturist. Yesterday, i.e. on 16.11.2008 at about 11:40 P.M., he alongwith his wife Geeta Devi was sleeping in his house constructed in Thali Wala field. About one year, ago, appellant-accused Satyawan @ Kala had caused injuries to his brother Randhir and he( appellant-accused) Satyawan @ Kala and his family members namely Rampat, Shish Ram and Vinod were having revenge. On account of that revenge, appellantsaccused alongwith their co-accused Rampat and Vinod and 2-3 unknown persons entered h is house and started abusing him. He came to the courtyard and saw that Satyawan was armed with a sword, Rampat and Shish Ram were armed with gandasis, Vinod was armed with Darat and the other unknown persons were having lathis and dandas. Appellant-accused Satyawan gave sword blows on his right thumb and left hand, Rampat inflicted gandasi blow on the toe of right leg, Vinod inflicted Darat blows on his both legs and the unknown persons also caused injuries to him with lathis and dandas. He raised noise of "Mar Dia" which attracted his wife, who tried to save him, but the aforesaid persons also caused injuries to her. Due to loud noise, his brother Randhir and Sant Ram reached at the spot and on seeing them, all the assailants fled away from the spot alongwith their weapons. Thereafter, his brother Randhir after arranging a vehicle got him admitted in General Hospital, Jind. The occurrence took place at 12:00 A.M.(midnight). Appellant-accused Shish Ram had also inflicted gandasa blow on his left leg. Legal action may kindly be taken against the assailants. On the aforesaid statement of the injuredcomplainant Bal Kishan, initially a case under Sections 148/323/324, 326 and 452 read with Section 149 IPC was registered. The police swung into action and recorded the statements of the relevant witnesses. During investigation, involvement of Ram Pat and Shish Ram in the commission of offence was not established. Accused Vinod Kumar was arrested and the weapon of offence i.e. darat was recovered, but he was declared juvenile by Shir S.K. Khanduja, the then learned Addl. Chief Judicial Magistrate, Jind vide order dated 24.12.2008. Appellantaccused Satyawan @ Kala could not be arrested and he was declared Proclaimed offender vide order dated 21.03.2009. After completion of investigation, report under Section 173 Cr.P.C., was filed in the Court of the learned Illaqa Magistrate keeping Rampat and Shish Ram in its columns No.2 and 3".
(2.) After a protracted trial, the learned trial Court vide judgment dated 06.03.2013 and order dated 07.03.2013 convicted and sentenced the petitioner as under. JUDGEMENT_365_LAWS(P&H)9_2014_1.html
(3.) Aggrieved against the judgment of conviction and order of sentence the petitioners preferred appeal in the Court of learned Sessions Judge, Jind which was dismissed vide judgment dated 04.06.2014.;