Crl. Revision No. 2253 of 2005

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Crl. Revision No. 2253 of 2005 (O&M)

Date of decision: April 25, 2011

Mahabir and others

...Petitioners

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH

Present:

Mr. NS Shekhawat, Advocate,

for the petitioners.

Mr. Shekhar Mudgal, AAG, Haryana.

Mr. PR Yadav, Advocate,

for the complainant.

GURDEV SINGH, J. (Oral)

Crl. Misc. No. 21425 of 2011

Heard.

Crl. Misc. is allowed subject to all just exceptions.

Crl. Revision 2253 of 2005

The petitioners/accused, Mahabir, Daya Ram and Kamlesh,

have preferred this revision against the judgment dated 1.12.2005 passed by

the Sessions Judge, Narnaul, vide which he dismissed the appeal preferred

by them against the judgment dated 19.10.2004 passed by JMIC,

Mohindergarh, convicting them for the offences under Sections 323 and 325

read with Section 34 IPC and sentencing them as under:-

Crl. Revision No. 2253 of 2005

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Section

Sentence

Fine

In default

323 IPC

Six months

` 500/-

15 days

325 IPC

Two years

` 500/-

15 days

Now the present revision has been preferred against that

conviction and sentence.

The prosecution story, in brief, is that Yad Ram-complainant

(PW-4) and his three brothers had joint agricultural land but were separate

in residence and cultivation. They were cultivating separate parcels of the

joint land and in some part of the complainant's part of land, he had sown

millet crop. On 12.6.1996 at about 10 a.m., he was sowing the millet crop

in the remaining part of his land, when the accused came there with a tractor

and destroyed the millet crop already sown by him. When they were

challenged not to enter his part of the land, Mahabir gave a blow with his

kulhari (axe) on the back side of his head and the second blow was given by

that accused with the axe in the middle of his head. Daya Ram was holding

a lathi in his hands and gave a blow on the palm of his left hand and the

second blow was given by that accused on the fingers of his right hand.

When his wife Shakuntala (PW-3) came ahead to save him, she was also

given injuries by these accused. His son Mahender Singh was also given

injuries by these accused. After causing injuries, the accused escaped from

the spot with their respective weapons. The complainant and the other

injured were removed to CHC Kanina, where they were medically examined

by Dr. Ram Niwas (PW-6), who found one injury on the person of

Mahender, four injuries each on the person of Yad Ram and Shakuntla,

which were detailed in ML Reports Ex. PW6/A, PW6/B and PW6/C

Crl. Revision No. 2253 of 2005

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respectively. About the admission of the injured in the hospital, ruqa was

sent to the Police Station and on receipt thereof, Kamal Singh, ASI (PW-9)

came to the hospital and made an application (Ex. PW9/A) to inquire about

the condition of the injured to make their statements. After Yad Ram was

declared fit to make the statement, he recorded his statement Ex. PW4/A

and also recorded his police proceedings Ex. PW9/B. After coming back to

the police station, he recorded a report Ex. PW9/C in the DDR. On

18.6.1996, FIR Ex. PW9/D was recorded against the accused under Sections

323, 506 read with Section 34 IPC. On 20.6.1996, Yad Ram was

radiologically examined by Dr. Narveer Singh (PW-8), who found fracture

of second metacarpal and proximal phalanx of little finger. On the basis of

his report Ex. PW8/A, injuries on the person of Yad Ram were declared as

grievous and offence under Section 325 IPC was added against the accused.

Rough site plan was prepared by the ASI, after inspecting the place of

occurrence. In the course of investigation, all the accused were arrested and

the statements of the witnesses were recorded under Section 161 of Cr.P.C.

After completion of the investigation, challan was put in before the JMIC,

who found sufficient grounds for presu