IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-108-2022

Date of Decision:-01.03.2023

Ravi

… Petitioner

Versus

State of Haryana and others

... Respondents

*****

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

*****

Present

:-

Mr. Ajay Partap Singh, Advocate

for the petitioner.

Mr. Vishal Kashyap, DAG, Haryana.

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KARAMJIT SINGH

, J.

The petitioner has filed the present revision petition against the

judgment dated 1.10.2019 passed by the Court of Sessions Judge, Karnal

whereby the appeal filed by the petitioner against the judgment dated

14.12.2018 passed by the Court of Judicial Magistrate Ist Class, Karnal

whereby the respondents were acquitted of offences punishable under

Sections 323, 427, 341, 506 read with Section 34 IPC in criminal case

having FIR No.164 dated 21.6.2015 Police Station Taraordi District Karnal

has been dismissed.

The brief facts of the case as are narrated in the FIR are that on

20.6.2015 at about 9.00 p.m. petitioner/complainant Ravi and Kamal son of

Jagan Nath were going in a car No.HR05-N-3883 and when they reached

JITEN SHARMA

2023.03.03 14:35

I attest to the accuracy and

integrity of this document

( 2 )

CRR-108-2022

near the crossing of their village, they were intercepted by respondent No.2-

Pardeep, Amit, Monu, Ankit and Vikas and all of them started hitting the car

in which the complainant was travelling with Kamal. However Kamal

managed to escape from the said car. Petitioner-Ravi was removed from the

said car at gun point by the aforesaid persons and taken to their Baithak,

where respondent No.3 Sandeep, Rambir and Chajju were already present.

Respondent No.2 hit butt of his revolver on the head of petitioner and then

he was tied with a rope and then was hanged with iron chain. Amit gave

blows with iron rod on the legs and arms of the petitioner while Monu gave

a blow with Binda on his ear while Ankit and Vikas started beating him with

iron chain and at that time all the abovesaid persons were proclaiming that

after killing the petitioner they will further kill Pankaj and Vinod. They kept

on beating the petitioner on which he lost consciousness and when he

regained senses, the petitioner found himself in Karnal Hospital and his

mobile phone and purse were missing.

On receiving the information, the police reached the said

hospital and recorded the statement of petitioner and consequently FIR was

registered. During investigation Amit, Monu, Ankit, Vikas, Rambir and

Chajju were found innocent and accordingly offences under Section 148,

149 and 342 IPC were deleted. On completion of investigation, the police

challaned respondents No.2 and 3 under Sections 323, 341, 427, 506 read

with Section 34 IPC.

Finding a prima facie case, the learned trial Court framed

chages under Sections 323, 341, 427, 506 read with Section 34 IPC against

respondents No.2 and 3, to which they pleaded not guilty and claimed trial.

JITEN SHARMA

2023.03.03 14:35

I attest to the accuracy and

integrity of this document

( 3 )

CRR-108-2022

The prosecution in order to prove its case examined

complainant/petitioner Ravi as PW-1 and also examined PW-2 EHC Ved Pal

who mechanically examined the damaged car in which the complainant was

travelling at the time of occurrence. Further PW-3 Dr. Krishan Kant, who

medico legally examined the complainant, PW-4 SI Parveen Kumar,

Investigating Officer, PW-5 Kamal an eye-witness, PW-6 Inspector Lalit

Kumar who prepared the challan and PW-7 SI Prem Chand who also partly

investigated the case, were also examined.

Respondents No.2 and 3 in their statements recorded under

Section 313 Cr.P.C. pleaded innocence and false implication. The accused in

their defence examined DW-1 Dr. Krishan Kant, who proved medico legal

examination report Ex.DW1/B of respondent No.3.

The learned trial Court after going through the entire evidence

led by both the parties came to the conclusion that the prosecution has failed

to prove gu