STATE Vs. RAJEEV BHARTI AND ORS.

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 Cr.P.C. for setting aside the order dated 6th June, 2011 passed by Additional Sessions Judge (FTC)/West, Delhi.

(2.) The case of the prosecution/petitioner is that the accused respondents are husband and wife. Accused respondent No.1 is a teacher and accused respondent No.2 is a lab assistant at S.D. Secondary School (Gujrat), Kirti Nagar, Delhi and the complainant S.K. Kapoor in the present FIR is the principal of the school. The case of the prosecution is that on 29th August, 2006, Sh.S.K. Kapoor was assaulted, given beatings as well as threatened by both the accused persons and in pursuance of complaint of S.K. Kapoor, FIR under Sections 323/341/500/506/34 IPC was registered against the accused persons. Learned counsel for the complainant has argued that another FIR was registered against the complainant herein and the complainant in another FIR was respondent No.1 (one of the accused herein). Both the FIR were registered on the basis of the same incident. It is further alleged that on 29th August, 2006 complainant S.K.Kapoor alleged that about 10 am while he was passing through the corridor in the school, the respondent No.2 who was working as a Lab Assistant in the school was hurling out abuses to him. It is further alleged that the respondent No.2 was annoyed with the new time table as she was asked to work in Physics and Chemistry lab, which was not acceptable by her and she also declined to sign the order duty related register. It is further alleged that respondent No.1 also came there and started hurling abuses to the complainant at which the complainant told that he will talk to the Chairman and went to his office. It is further alleged that as the complainant entered in his office, both the accused persons also came there and thereafter respondent No.1 strangulated him and pushed him against the wall and also threatened to shoot him.

(3.) First witness Surender Singh had deposed before the trial court that he was posted as Waterman in the school and on the date of the incident he heard the cries of the principal and when he went there he saw that the respondent No.1 had strangulated the complainant from the neck and respondent No.2 was shouting and asking the accused to shoot the principal and thereafter he called Rakesh Babu and R.C. Sahni. Second witness Mukesh Kumar had stated that he is the sweeper in the school and around 11 am he heard the cries of the principal and on entering in the office he saw that respondent No.1 had scolded the principal from his neck and the respondent No.2 was shouting and asking him to shoot the principal and in the meantime R.C. Sahni and Rakesh Babu came there. Third witness R.C. Sahni had stated that he saw respondent No.1 was scolding S.K. Kapoor and he was pushing him against the wall and respondent No.2 was asking him to shoot the principal.