ANITA Vs. STATE NCT DELHI

JUDGEMENT

(1.) THIS application for bail has been made by accused who is being tried under Section 302/34/341/427/149 IPC.

(2.) BRIEF facts leading to accusation of the applicant, as given in the FIR, are that her neighbour Atul Sharma alleged that on 19th December, 2009, at about 9.30 am he was going from his home along with his younger brother Sachin Sharma on his motorcycle carrying a gas cylinder and when they reached in front of the house of Hari Dutt @ Hari Om Sharma, a brick fell from above on him from the roof of his house. The brick did not hit him and it struck the fuel tank of his motorcycle. He saw upside and found Ram Niwas and his wife Saroj Sharma saying "you got saved, but, your motorcycle has been damaged". On hearing this Atul Sharma got scared and ran away from there. His aunt (bua) Maya Devi who used to live at C-1/713, Harsh Vihar came out and told Ram Niwas and Saroj Sharma as to why her nephew was being targeted. On her saying so Hari Dutt @ Hari Om Sharma retorted ,,Her nephew got saved but she should be taught a lesson. In the mean time wife of Hari Om Sharma namely Yashoda along with her nieces, wife and daughters of Dinesh and his nephew came out in the gali. They all caught hold of his bua Maya Devi. Brajesh, Hari Dutt and Ram Niwas started hitting Maya Devi with bricks and Ashish and Raju started abusing her. They all gave beatings to his bua with slaps and fists. His bua received injuries on her head, started bleeding and became unconscious. Someone called police at 100 number and PCR van took his bua to G.T.B. hospital. He made a complaint that Hari Dutt, Ram Niwas, Brajesh, Yashoda Devi, Saroj Sharma, Anita wife of Brajesh, Ashish, Raju and daughters of Brajesh all together threw bricks on his motorcycle and gave beatings to his bua. They all should be brought to book.