IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

228 CRM-A-836-2019 (O&M)

Date of decision: 12.02.2026.

STATE OF HARYANA ... Appellant(s)

VERSUS AMIT AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Armaan Dahiya, AAG, Haryana, for appellant.

VINOD S. BHARDWAJ, J. (Oral)

The instant appeal has been preferred by the State against the judgment dated 26.07.2017, passed by the Additional Sessions Judge, Gurugram, in Sessions Case No. 53 of 2015 dated 31.03.2015/22.04.2016, CIS No.SC/147/2015 arising out of FIR bearing No.647 dated 21.09.2013, under Sections 148, 149, 325 and 506 of the Indian Penal Code, 1860, registered at Police Station Sadar Gurugram, whereby the respondents had been acquitted of the charges framed against them under Section 148, 149, 325 and 506 of the IPC.

2 The facts of the prosecution case are that on 14.09.2013, a ruqa was received from Paras Hospital regarding the admission of Parveen in an injured condition. The SI reached the hospital and obtained a copy of the MLR. He also moved an application for an opinion as to whether the injured Parveen was fit to make a statement. The doctor opined that the injured was unfit to make a statement. Rajender Singh, uncle of Parveen, met the investigation officer and said that he did not want to take any action until his injured nephew Parveen gained consciousness and was fit to make a statement. A second application was moved on 16.09.2013 for seeking the opinion of the doctor regarding the fitness of the injured Parveen to make the statement. On being declared fit by the doctor to make a statement, Parveen's statement was recorded. The SI conducted a spot inspection on 21.09.2013 by visiting the house of Bijender, where Parveen met him with an application and alleged that on the date of the incident, i.e. on 13.09.2013, at about 10:30/11:00 P.M., when he was present in his house, somebody knocked at his door. As soon as he opened the door, the persons standing there started abusing him. On hearing the noise, his mother, Shakuntla Devi and sister Neha Thakran came out from their room. Naveen @ Lada and Gajender @ Gajje pushed the door and forcibly entered their house. They were wielding lathis, beer bottles and baseball bats. Naveen gave bottle blows to him, due to which his upper lip sustained a cut, and a tooth was broken. Thereafter, Jailal, Lalit, Hari Singh, Neeraj, Vinay, along with 4-5 other persons, started pelting stones and brick bats in his house, due to which his mother sustained injuries, and they also threatened to kill them. It is further stated that even on 12.09.2013, Naveen @ Lada and Gajender had assaulted his father and Tau, and the matter was reported to the police on 13.09.2013 at 2:00 P.M. After the above incident of 13.09.2013, his tau reported the matter to the police around 11:22 P.M. The FIR was thus registered. The site plan was prepared, and statements of witnesses were recorded. The final report was prepared and presented to the Court.

3 The matter was committed to the Court of Sessions as a cross- case bearing FIR No.634 dated 16.09.2013 titled ‘Bijender and others Vs. State, under Sections 323, 506 and 307 read with Section 34 of the IPC had already been committed to the Court of Sessions vide order dated

12.12.2013 passed by the Additional Chief Judicial Magistrate, Gurugram.

4 The accused in FIR No.634 dated 16.09.2013 happened to be the complainant in the present FIR No.647 dated 21.09.2013.

5 After hearing the parties, charges were framed against the accused persons for the commission of offences under Sections 148, 149, 325 and 506 IPC, and they were chargesheeted thereunder on 28.04.2015. During the trial, the accused Gajender expired; hence, proceedings against him were dropped.

6 To prove the charges, the prosecution examined as many as 08 witnesses.

7 The prosecution evidence was closed by court order.

8 On conclusion of the evidence, the statements of the accused were recorded under Section 313 Cr