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1. The accused persons namely, Babar Khan, Umar Khan,
Shahid Khan, Bhura and Hasim were arraigned as accused for the
offences u/s 323/341/308/304/427/34 IPC in a charge-sheet filed
against them by SHO PS Khyala.
The case of the prosecution:
2. 1 The facts of the prosecution case, in brief are that on receipt
of DD No. 31A, on 22.05.2012, PW-4 HC Phool Chand alongwith
State Vs Babar Khan & Ors SC No. 55944/2016 FIR No. 108/2012 2/52
PW-21 Ct. Raj Kumar reached at the spot at Vishnu Garden where
he found one Scorpio car bearing no. UK07AJ 5999 colour white
with broken windows. Inside the car, bricks and one broken baseball
bat were also found. It came to their notice that few injured had
already been taken to Kukreja hospital. PW-4 called the crime team
at the spot and got the photographs done. He left beat Constable Sita
Ram and alongwith Ct. Raj Kumar he reached at Kukreja Hospital.
In the hospital, he found one Braham Singh Chandela and Surender
Singh admitted with the history of assault. Both the injured were
declared unfit by the doctors. However, another injured namely
complainant PW-3 Sh. Jitender was found to be fit for statement.
2.2. In the hospital, PW-3 got his statement Ex.PW-3/A recorded
wherein he stated that on 22.05.2012, his uncle Jagbir alongwith
Braham Chandela PW-7 and Ghanshyam came to Paschim Vihar in
the aforesaid Scorpio car and thereafter he alongwith them reached
at the office of Jagbir at MA Gurudwara. At about 3 p.m, they all
left for Lazeez Chicken Dhaba infront of Bus stand of route no. 857.
However, he did not enter into the restaurant as it was a Tuesday.
Thereafter, they came back at the office. When they were about the
leave the office in the car, one Shahid came there and threw a brick
on the front windscreen. When Braham Chandela came out of the
car, accused Umer attacked him with the baseball. In the meanwhile,
accused Sahid alongwith his 3-4 companions came there. They
attacked them from the bricks lying at the spot and with the dandas.
Braham Chandela and Ghanshyam entered into the car, but accused
Sahid, Umar and their companions attacked the car with bricks and
dandas. Hearing the commotions, one Surender and Dev Kumar
reached at the spot to rescue them. However Sahid, Umar and their
State Vs Babar Khan & Ors SC No. 55944/2016 FIR No. 108/2012 3/52
companions started beating them with bodily blows and dandas. At
that time, one of the companions picked up one brick from the road
and hit it on the head of Surender. Public persons gathered there.
One Mehtab Singh took Braham Chandela and Surender to Kukreja
Hospital and he followed them there.
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