SARLA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The revisionist, who is now about 74 years of age was assaulted by the complainant/respondent in an incident, which has occurred on 09.08.2005, wherein, out of the said assault an FIR was registered being FIR No. 24 dated 18.08.2005 under Sections 323, 308, 504 and 506 of IPC, which was registered at Police Station Bhagwanpur, District Haridwar, by the husband of the present complainant.

(2.) As per the medical, which was conducted on the person of the applicant, it was submitted in the medical report that in accordance with the x-ray, which was conducted on various parts of the body including the head, it was found that parietal bone of the applicant's head was found fractured and it was a fracture, which was caused on account of a blow, which was inflicted by sariya (iron rod), which has resulted into the injury being caused on the head, which is as per medical jurisprudence is vital part of the body and as per the medical report too it was observed by the doctor, who has examined the applicant, that according to the radiologist report injury no. 2 is reported to be dangerous to life. Consequently, on the investigation being conducted a final report was submitted, which was opposed by the present applicant by filing an objection against the final report, and later on it was converted into a complaint case and registered as NCR No. 51 of 2005 dated 13.08.2005 under Sections 323, 504 and 506 of IPC, which was later converted to Complaint No. 138/2005 for offences under Sections 308, 504 and 506 of IPC.

(3.) During the pendency of the Trial a medical report was submitted on 18.08.2005 and the NCR No. 51 of 2005, which was initially registered under Sections 323, 504 and 506 was registered as Case Crime No. 138 of 2005 under Sections 308, 323, 504 and 506.