SARASWATI Vs. SHIV SHANKAR

JUDGEMENT

(1.) This criminal revision petition has been filed on behalf of the complainant party against an order of acquittal passed by the learned Additional Sessions Judge, Delhi on 01.04.2000. The State has chosen not to file an appeal against the said order of acquittal. By virtue of the impugned judgment and order dated 01.04.2000 all the accused Shiv Shankar, Virender, Narender, Ashok Kumar and Satya Prakash (Respondent Nos 1 to 5 herein) were acquitted, after giving them the benefit of doubt, in respect of the offences punishable under Sections 308 / 452 / 506 / 323 /325 /34 IPC arising out of FIR No.298/92 registered at Police Station Narela.

(2.) As per the challan filed in the case, on 03.11.1992 the statement of Smt Saraswati (petitioner No.1 herein) was recorded to the effect that she resided at 1573, Pana Maumpur, Delhi with her parents and was a student of class XII. That on that date at about 4.20 p.m. she was present at her said house when her neighbours Shiv Shankar, Virender and Ashok Kumar entered the house and started beating her. It was further stated that they dragged her out of the house and that her mother Smt Omwati (petitioner No.3 herein) and her aunt Smt Krishna (petitioner No.4 herein) came to her rescue. In the meanwhile, Narender arrived at the scene with iron rods, jelli, sword and lathi and handed the same to the others who used the same to assault the three women. It was also stated that when her father Surat Singh (petitioner No.2 herein) returned from duty, Shiv Shankar exhorted the others that he should also be killed and that he would manage the affairs. On such exhortation all the accused persons started beating Surat Singh as well. It was stated that Surat Singh received serious head injuries and fell down on the ground and that he also received injuries on his entire body. It was also stated that Smt Krishna also received head injuries. Smt Omwati was also stated to have received injuries. It was mentioned that the assailants had caused injuries due to old enmity and that after assaulting and beating the members of the complainant party, the accused left the scene and Shiv Shankar proclaimed that this was sufficient for the time being and that they would kill the entire family in future. On the basis of this statement of Smt Saraswati, the police registered the case. Since the offence of Section 308 IPC was also involved, the case was committed for trial to the court of Sessions. Charges had been framed against the accused under Sections 452/308/323/325/506/34 IPC. Since the accused pleaded not guilty, the matter went up for trial. 15 prosecution witnesses were examined. The witnesses of importance were PW3 (Saraswati), PW4 (Surat Singh), PW5 (Omwati) and PW6 (Krishna). All of whom were members of the complainant party. PW7 Ram Chander deposed about the arrest of the accused persons as also with regard to the preparation of the site plan. PW13 Dr Ashok Tyagi and PW15 Dr Anil Sahni deposed with regard to the MLC of Omwati.

(3.) The learned Additional Sessions Judge discussed the evidence of all the witnesses and came to the conclusion that the prosecution was unable to prove its case. It gave the benefit of doubt to the accused and acquitted them of all the charges.