POORAN LAL Vs. STATE

JUDGEMENT

(1.) Complainant Raj Pal who happens to be the husband of Petitioner No.2 Ms. Raj Rani filed a criminal complaint on 27.01.2003 before the learned Metropolitan Magistrate with the allegations that on 27.08.2001, the Petitioner Nos. 1,3 and 4 with a common intention of causing hurt on his person came to the house of the complainant at Village Rajokari. Petitioner No.3 Rameshwar Prasad was armed with a knife and Petitioner Nos. 1,3 and 4 (Pooran Lal, Rameshwar Prasad and Suresh Gautam) started abusing the complainant without any just and reasonable cause and Petitioner No.1 Pooran Lal picked up a bamboo stick and hit the complainant from behind on his head causing him head injuries. Petitioner No.3 Rameshwar Prasad tried to stab the complainant in his abdomen. However, he saved himself and in this process received some injuries on his person. Complainant was also given further blows with bamboo sticks by Petitioner No.1 Pooran Lal. Petitioners Rameshwar Prasad and Suresh Gautam allegedly caught hold of the complainant and Rameshwar Prasad inflicted a knife blow, whereas Petitioner No.4 Suresh Gautam gave fists blows to the complainant. The complainant received injuries from the beatings received at the hands of Pooran Lal, Rameshwar Prasad and Suresh Gautam. He was removed to Safdarjung Hospital where he was admitted and the nature of injuries were opined as simple. The complainant was discharged on the same day.

(2.) FIR No.430/2003 under Sections 452/308/34 IPC was registered at Police Station Vasant Kunj on 28.07.2003 on the basis of information received at the Police Station on 28.07.2003 at about 4.40 P.M.

(3.) After completion of the investigation charge sheet was filed in the court. The learned trial court after hearing the parties on charge vide her detailed order dated 22.08.2005 found prima facie case made out against all the accused persons under Sections 308/452/34 IPC. The said order is under challenge before this court in this revision petition.