AJEET SINGH Vs. RAJU ALIAS RAJENDRER SINGH

JUDGEMENT

(1.) THIS criminal revision preferred, under section 397/401 of the Criminal Procedure Code, 1973 (hereinafter to be referred as Cr. P. C.), is directed against the judgment and order dated 19. 09. 2006 passed by Chief Judicial Magistrate, Dehradun in Case No. 1993/2003 State Vs. Raju and others, whereby the learned Magistrate has acquitted respondent no. 1-Raju and Respondent no. 2-Smt. Neetu for the offences punishable under Sections 323/504/506 of The Indian Penal Code, 1860 (hereinafter to be referred as I. P. C.)

(2.) BRIEFLY stated facts of the case are that complainant Ajeet Singh lodged a report alleging therein that on 9. 5. 2003, respondent No. 1-Raju, his wife Neetu- Respondent No. 2, brother and sister-in-law of Raju (respondent no. 1) were doing unauthorized possession by constructing a wall in the center of the road at Greenpark, Niranjanpur. It was also stated that in the past also, they had constructed a platform which was demolished by MDDA, however even then the respondent no. 1-Raju was constructing the wall. It was also stated that at that time, the revisionist was accompanied with Vinod and Ashwani etc. When the revisionist stopped them for doing illegal construction, then the respondent No. 1-Raju and his wife Neetu-Respondent No. 2 along with his brother and sister-in-law assaulted the revisionist with bricks and stones. Respondent No. 1-Raju was armed with a Danda and he caused the injury to Vinod and some other persons including the revisionist received the injuries by bricks and stones. Thereafter, Ashwani Garg and Ranjan intervened into the matter. The respondent no. 1-Raju and his brother were saying to kill the revisionist and other persons. After that the revisionist and other persons came to the house, but immediately thereafter the above-said four accused persons being accompanied with three other persons, one of which was Surendra, assaulted the revisionist by entering into his house. The revisionist also received injuries in this incident and they had also injured the persons who had tried to save the revisionist. Thereafter, Ashwani and Kaushlendra intervened and while going, they also threatened the revisionist and his family members for their life and they also broke the flowerpots. With the same averments, the FIR was lodged by the revisionist-Ajit Singh at Rop Patel Nagar, P. S. Kotwali, Distt. Dehradun on 10. 5. 2003 at 8. 10 A. M. On the basis of the said report, the case was registered against the respondent nos. 1 and 2 and the matter was investigated. After the investigation, the charge sheet was filed against the respondent nos. 1 and 2.

(3.) ON 24. 3. 2004, the charge was framed by CJM, Dehradun against the respondent nos. 1-Raju and No. 2-Smt. Neetu u/s 323/504/506 of IPC. The charge was read over and explained to them who pleaded not guilty and claimed to be tried.