CHHAJJU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHHAJJU Ram son of Krishan Lal and Ramvir and Dharamvir sons of Chhajju Ram, preferred this Criminal Revision as they were held guilty for the offences punishable under Section 323 IPC for causing injuries to Nand Lal and Purnamal. They were, however, released on probation under Section 360 Cr.P.C. by the Additional Chief Judicial Magistrate, Bhiwani. They preferred an appeal which was dismissed by the learned Sessions Judge, Bhiwani. Hence the present Revision.

(2.) ON 18.2.1982, the Supreintending Engineer, Irrigation Department, heard the case regarding opening of new outlet at R.D. No. 13000 and closing the existing outlet at R.D. No. 15000 in the area of Rest House of village Jui. As many as 80 persons including Nand Lal, P.W. 5, Puranmal alongwith the petitioners and Daulat Singh and Shardhanand attended the hearing. The Superintending Engineer passed an order at about 4.05 p.m. that outlet at R.D. No. 13000 be provided and the existing outlet at R.D. No. 15000 be closed. The petitioners were not happy over the decision given by the Superintending Engineer as it was favourable to the complainant-party. Thereafter the gathering was dispersed, the petitioners nursed a grudge that a favourable decision has been managed by Nand Lal and others. Nand Lal denied the allegation upon which Ranvir dealt a lathi blow which hit elbow of Nand Lal. Dharmavir gave a knife blow on the right eye-brow of Nand Lal from the reverse side of the knife. After Nand Lal had fallen down, Chhajju dealt a lathi blow on the left arm and another lathi blow on the neck of Nand Lal. Ranvir also gave lathi blow to Nand Lal on his back. Nihal Singh, Mahabir P.Ws. and Puranmal rescued Nand Lal. Daulat Singh and Shardhanand also appeared on the scene. Shardhanand gave a lathi blow on the left elbow of Nand Lal, whereafter all the accused managed to escape.

(3.) THE learned Magistrate on the basis of documents under Section 207 Cr.P.C. framed charges under Sections 325/323/341/506 IPC. The accused pleaded not guilty to the charge and claimed trial. At the close of the trial, the learned Magistrate acquitted Daulat Singh and Shardhanand, but convicted the petitioners under Setion 232 read with Sectin 34 IPC. They were, however, released on probation.