SHALINI SINGH Vs. STATE & ORS

JUDGEMENT

(1.) + CRL.M.C. 3864/2015 Vide the present petition, petitioner seeks modification/amendment of the order on charge dated 14.10.2014 and charge so framed dated 16.3.2015 under Section 498A r/w. Section 34 IPC and consequently, seek direction for framing of charges under Sections 406/323/324/307 IPC, apart from 498-A/34 IPC.

(2.) Learned counsel appearing on behalf of the petitioner submits that on 16.5.2011 at about 6 a.m, when the petitioner was brewing tea in the kitchen, the respondent no.4 abused her and told her to get out of the house. When she refused to leave the house, the respondent nos. 2, 3 and 4 threatened by saying, "aj isko theek hi kar detein hein." Accordingly, respondent no.2 proceeded to take the tea from the hand of the petitioner and then smashed it on her forehead 2-3 times and punched her face. But petitioner in fear of her life, ran away from the kitchen and call the police station. Since the petitioner was bleeding heavily, the respondent no. 4 said," achha hai aaj mar hi jayegi kyonki glass par to iske hi hathon ke nishan hein." Thereafter, the police arrived and the petitioner was taken to the DDU Hospital and MLC was conducted.

(3.) Learned counsel for the petitioner further submits that the injuries on her head were grievous in nature as she required 23-24 stitches on her face. Despite, the fact learned trial court vide order on charge dated 14.10.2014, directed to frame the charges against the respondents for the offences punishable under Section 498A IPC and under Section 324 IPC r/w. Section 34 IPC.