BIMLA Vs. STATE & ORS

JUDGEMENT

(1.) Aggrieved by a judgment dated 19.12.2013 of learned Addl. Sessions Judge in Sessions Case No.01/12 arising out of FIR No.1030/06 PS Najafgarh, the instant appeal has been preferred by the appellant - Bimla to challenge respondents' acquittal under Sections 308/452/34 IPC. The appeal is contested by the respondents.

(2.) I have heard the learned counsel for the parties and have examined the file. At the outset, it may be recorded that the respondent No.5, Jagbir Singh has since expired and proceedings against him have been dropped as 'abated'. It is also pertinent to note that cross-case vide FIR No.1031/2006 registered under Sections 308/323/34 IPC at PS Najafgarh was registered against Surinder Singh, Randhir Singh, Sheela @ Sushila, Bimla Devi (the present appellant) and Anju @ Piku. By a judgment dated 19.12.2013 in Sessions Case No.33/12 the accused therein have since been acquitted. The complainant Narinder has challenged the said acquittal in Crl.A.457/2014 listed before this Bench.

(3.) It is also to be noted that State is not aggrieved by the acquittals of the respondents in the present appeal and in Crl.A. 457/2014. It is only the victims who have preferred appeals to challenge the acquittals. It is relevant to note that both the parties are related to each other and live in the same vicinity. Several disputes were pending between the parties over ancestral property prior to the incident. The occurrence had taken place on 28.10.2006 at around 06.45 p.m. when Abhishek - Randhir Singh's son was bursting crackers and it was objected to by the respondents Ranvir Singh and Sontosh Devi. A quarrel took place among both the sides in which Bimla Devi and Anju (the victims in this case) and Narinder and Yogender, the victims in Crl.A. 457/2014, suffered injuries.