RAMA CHOUHAN Vs. STATE

JUDGEMENT

(1.) By this appeal filed under Section 374 (2) read with section 482 of the Cr. P.C., the appellant seeks to challenge the judgment dated 30.09.2014 as well as order on sentence dated 16.10.2014, passed by the learned Additional Sessions Judge, Rohini Courts, Delhi in Sessions Case No.24/13 (FIR No.88/2012 under Section 302/34 IPC, Police Station South Rohini).

(2.) Brief facts of the present case are that the present case was registered on the basis of the statement of the complainant Ashok Sehgal, who in his neighbor stated that on 04.05.2012 at about 10.15 PM, when he was sitting on a chabutra under the tree in front of house No.212, he saw that his neighbor Dinesh (since deceased) was strolling in the street and he seemed to be in a drunken state. According to the complainant, Ms. Rama Chauhan (appellant herein) who was his neighbor and known to him for the last 2 -3 years, came near Dinesh alongwith one boy. The appellant told Dinesh "kyo be too us din us nai ko mere bare me kya patti padha raha tha." Dinesh replied "mere muh mat lag apna rasta nap". According to the complainant, the appellant started quarrelling with Dinesh and told him that "us din to badi hekdi dikha raha tha aaj tujhe maja chakhati hu." It is further stated by the complainant that the appellant attacked the head of Dinesh with a heavy object which she was holding in her right hand, thereupon Dinesh caught his head with both hands and the boy who was accompanying the appellant gave a head blow to Dinesh as a result of which Dinesh Fell down. The complainant further stated that he reached near Dinesh and started lifting him. It is further stated that it was the appellant who made a call at No.100, whereupon the police reached at the spot and the victim was taken to B.S.A. Hospital.

(3.) The case was registered as FIR No. 88/2012 at Police Station South Rohini and investigations were carried out. Appellant as well as her companion were arrested. After completion of investigation, the police filed the final report under Section 173 of Cr. P.C. On 21.11.2012, the charge under Section 302/34 of IPC was framed against the accused persons, to which they pleaded not guilty and claimed trial.