Kanwaljit Singh Ahluwalia, J. - (1.) HOSHIAR Singh son of Khem Chand and Braham Parkash son of Inder Singh, respondents, were prosecuted in case FIR No. 221 dated 9.9.1990 registered at Police Station Sadar, Bahadurgarh under Sections 323, 324, 325, 452, 34 IPC.
(2.) THE accused/respondents were tried and have been acquitted by the Court of learned Judicial Magistrate Ist Class, Bahadurgarh. Aggrieved against the same, Jage Ram, complainant, has filed the present revision petition. Petitioner Jage Ram while lodging FIR has stated that they are five brothers namely, Dharamchand, Ramsvaroop, petitioner himself, Chanderbhan and Rati Ram. It is stated that in the year 1987, on the festival of Holi, his two brothers Chanderbhan and Rati Ram were murdered by Hoshiar Singh, Mahender sons of Khem Chand and Braham son of Inder Singh. There was a dispute between the parties over a passage, which was subject matter of Civil Court. It is stated that in the Civil Court, complainant party has succeeded. The Sessions Court, Rohtak, had acquitted the accused/respondents. The cause of grudge is having lost in Civil Court, accused/respondents on 8.9.1990 at about 10.30 P.M. came in the courtyard of the complainant and by scaling the boundary wall. Both accused/respondents entered the house of complainant and they caused injuries with farsa and jailly. Injured were examined. Thereafter, case was registered. Both the accused/respondents had been arrested.
(3.) PROSECUTION submitted a report under Section 173 Cr.P.C., thereafter, charges were framed against the respondents/accused and they pleaded not guilty and claimed trial. Prosecution examined PW. 1 Jage Ram, injured. He reiterated his version given in the FIR. PW. 2 Mahabir had corroborated his testimony. Learned trial Court noticed that despite various opportunities given, no witness was examined except Jage Ram as PW. 1 and Mahabir as PW. 2 and prosecution evidence was to be closed by order of Court.;