STATE Vs. NARAYAN SINGH & ORS.

JUDGEMENT

(1.) The Petitioner(the State) seeks leave to Appeal against the judgment dated 27.11.2010 whereby the Respondents No.1 to 3 were acquitted of the charge under Section 308 read with Section 34 Indian Penal Code (IPC).

(2.) In nutshell, the case of the prosecution is that on 22.11.2005 the three Respondents came to the house of injured PW-1 Kartar Singh (the complainant). There was an altercation between PW1 and the Respondents as the complainant had put some sand in front of his house to clear the water accumulated there. PW1 pacified the Respondents and they left.

(3.) It is alleged that at about 7:15 PM, the Respondents again appeared. When Yogesh (PW1?s son) came out of the house, the Respondents started beating him. When the complainant ran outside, the Respondents followed him; one of the Respondents hit PW1 with a pipe whereas the other gave a saria blow. He fell down. When, PW-3 (PW1?s wife Smt. Kamla Devi) came out to rescue PW1, she was also attacked and given a rod blow on her head. The police was informed. The injured were removed to Safdarjung Hospital. PW1 and his son Yogesh (PW2) were discharged from the Hospital after giving first aid, whereas injury on the person of Smt. Kamla (PW3) was found to be grievous and she was discharged from the Hospital after a couple of days.