STATE & ANR. Vs. STATE

JUDGEMENT

(1.) These are appeals filed impugning a judgment dated 17. 11. 2016, whereby the respondent was acquitted of the offence under Sections 308 / 342 / 506 of the Indian Penal Code, 1860 ( IPC ). Appeal No. 1412/2019 has been filed by the victim and Appeal No. 1413/2019 has been filed by the State.

(2.) It is the case of the prosecution that victim Umesh Latta (complainant) had been struck by her husband (respondent). It is alleged that the complainant had been beaten by the respondent several times in the past. It is alleged that on 08. 11. 2006, while at home, the respondent had threatened to kill the complainant and had beaten her up with danda. However, she was saved by the timely intervention of his son and daughter in law and in the process, the respondent also gave some beating to his son. The matter was duly reported to police and medical examination of the complainant and her son was conducted. It is further alleged that on 18. 02. 2007, the complainant was again given a blow by danda on her hand by the respondent, however, the complainant managed to enter in her room and lock it from inside. The respondent started hurling abuses towards the complainant and started hitting the door of the room. Thereafter, the respondent broke the glass of the window and insisted to kill the complainant. Consequently, the complainant raised and alarm and as a result, the neighbours came to rescue her. Thereafter, due to the presence of the neighbours, the complainant came out of the room. It is alleged that while she was moving towards her room, the respondent forcibly pushed her on the floor and gave a danda blow on her head. As a result, the complainant started bleeding and there was a major discharge of blood from her head. The respondent landed some more blows on the complainant but she was saved by the neighbours and her son. Thereafter, the complainant was taken to the police station, from where she was taken to the hospital (Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, Delhi).

(3.) The complainant and the respondent had been residing on the second floor of the house bearing No. A-36, Panchvati, Azadpur, Delhi- 110033. It is also brought on record that prior to the date of the incident, there have been various disputes relating to the property between the complainant, her son and his wife on one hand and the respondent on the other. This case relates to FIR No. 161/2007, which was registered at the instance of the complainant. The charges were framed and the respondent pleaded not guilty and the case was sent for trial.