- (1.) THE instant revision has been filed against the acquittal of private respondents, in appeal, by the Sessions Judge, Karnal in FIR No.286 dated 22.11.2001 for the offence under Sections 323/325 read with Section 34 IPC, Police Station Butana, District, Karnal. The private respondents were convicted and awarded appropriate sentences by the learned trial Court vide judgment dated 16.09.2010.
(2.) FACTS of the case briefly stated are: - On 13.11.2001 at about 7:00/7:30 a.m the complainant and his son Sube Singh had gone to the fields for sowing wheat crop. On reaching there, the complainant saw his brother Mangat Ram and nephew Subhash were sowing wheat in their fields. Subhash's brother -in -law was ploughing fields of Mangat Ram by a tractor. Complainant noticed that common water course and common Dol of their fields had already been cut, as such complainant went to Mangat Ram to lodge protest. Mangat Ram started calling bad names to the complainant and they entered into a verbal duel. Mangat Ram picked up a lathi from nearby and inflicted blow on the left shoulder of the complainant. Subhash's brother -in -law resident of Seedpur hit complainant on left knee with the front wheel of the tractor. As a result the complainant fell down. While Sube Singh was separating them that Mangat Ram and aforesaid boy belonging to Seedpur, inflicted injuries on the person of Sube Singh. It was stated by complainant that after sometime complainant's nephew namely Subhash also reached the spot. He snatched lathi from his brother -in -law and gave lathi blow to Sube Singh. Sube Singh also fell down. While both of them were lying on the ground the accused persons gave slap and fist blows to them. On hearing shouts 'Mar Dia' 'Mar Dia' Jaswant Singh son of Kartar Singh, from nearby fields reached the spot and saved the complainant from clutches of the assailants. The assailants made good their escape alongwith the weapons of offence.
(3.) NONE has represented the petitioners. I have carefully perused the judgments of the Courts below and also the trial Court record and find no grounds to interfere in the findings reached by learned appellate Court, in exercise of the revisional jurisdiction.;