JUDGMENT :

YASHVIR SINGH RATHOR, J.

1. This revision petition is directed against the judgment dated 07.10.2021 passed by the Court of Additional Sessions Judge, Sonipat, vide which the appeal instituted by the victims against the acquittal of the petitioners/accused for the offence under Section 325 IPC while convicting them for the offence under Sections 323 and 506 of IPC vide judgment dated 06.11.2017 passed by the Trial Court, has been allowed and the matter has been remanded to the Trial Court for a decision afresh.

2. Feeling aggrieved, accused/petitioners have filed the present revision petition.

3. I have heard learned counsel for the parties and have gone through the material placed on the record.

4. Brief facts of the prosecution are that on 24.01.2014, at about 11:30 A.M., information was received at Police Post from P.S. Ganaur that Balbir, Angoori, Dharambir, Sombir have been brought to Khanpur Kalan from CHC Ganaur due to injuries sustained in the quarrel. Thereafter, Investigating Officer along with other officials reached at Khanpur Kalan and after obtaining the opinion of the doctor, MLRs of the injured, the offence punishable under Sections 325, 506 IPC was found to be made out. Balbir son of Sarup got recorded his statement stating that he is Numberdar of village Mehmoodpur Majra and their house is situated in one gali in which Randhir son of Lakhmi is also living. On 23.01.2014 at about 6.00 P.M., Randhir son of Lakhmi started fixing a shutter at his house, but upon objection by the complainant, he threatened to kill him and started abusing him. Thereafter, Randhir, Ramesh, Jagmender and Ram Kumar sons of Lakhmi caught hold of him and starting beating him. On hearing noises, Randhir’s wife Angoori, Sitender, Bijender sons of Randhir, Deepak, Rinku sons of Raghbir and Muli wife of Raghbir and Bita wife of Ram Kumar, armed with lathis/dandas also caused and started beating him and his wife. His sons Dharambir and Sombir intervened, but they were also beaten, as a result of which the complainant suffered a fracture in his hand and his sons also sustained injuries. The complainant sought action against the accused. On the basis of this complaint, FIR No.21 dated 24.01.2014 was lodged and investigation was started. On conclusion of the investigation, accused were challaned and they were charge- sheeted by the court for the offences punishable under Sections 148, 323, 325, 506 read with Section 149 IPC.

The learned trial court after hearing the parties and after evaluating the evidence, convicted the accused only for the offences punishable under Sections 323, 506 IPC and acquitted them of the charges under Sections 148, 325 read with Section 149 IPC and ordered release of all the accused persons on probation of good conduct after ordering them to pay the compensation as reflected in the order of quantum of sentence vide judgment dated 06.11.2017.

5. Feeling aggrieved, the victims preferred an appeal under Section 372 of Criminal Procedure Code (for short ‘Cr.P.C.’) and after hearing the parties, the learned Appellate Court set aside the judgment dated 06.11.2017 and remanded the matter with the following observations:-

“9. Ex. PW-8/C and Ex.PW-8/D are the copy of bed head ticket of Angoori and Balbir wherein the fractures have been shown wherein HC Malik, Medical record officer had sent the report to Subhash Chander. ASI but the Investigating Officer never tried to find out the doctor who had conducted the x-ray of these two injured nor arrayed the doctor as a witness who had recorded that there were fractures to Angoori and Balbir. These documents though discussed by the learned Sub Divisional Judicial Magistrate, Ganaur but he had mentioned that the prosecution has failed to prove the charge under Section 325 IPC against the accused as the injuries suffered by Angoori Devi have not proved on record by the doctor who treated or conducted the x-ray of said injuries. In order to prove the charge under Section 325 IPC it