SMT. BOHATI Vs. BHOLA AND ORS.

JUDGEMENT

(1.) This appeal has been filed against the judgment-and order dated 5.1.79 passed by Sri S.K. Tyagi, special Judicial Magistrate, Muzaffarnagar, in criminal case No. 1219 of 1978 whereby accused -respondents Bhola, Jabar alias Narpat, Smt. Sona and Smt. Khajani have been acquitted of the charge under Sections 323/324 506 I.P.C.

(2.) The prosecution case was that Smt. Bohati, wife of Natthoo was assaulted by the accused respondents with kicks and fists and Dandas at about 11.00 a.m. on 13.7.78 and an F.I.R. of that incident was lodged on 15.7.79 at about 12.45 p.m. against the accused respondents at police station Khatauli, district Muzaffarnagar. She also got herself medically examined and according to her injury report she sustained two incised wounds and one linear abrasion on her person. She fled the complaint in the court of special Judicial Magistrate and her statement under Sec. 200 Crimial P.C. was also recorded by the court.

(3.) Accused Bhola, Jabar alias Narpat and Smt.Khajani were charged under Sections 32334. They alongwith Smt. Sona were also charged under Sec. 506/34 I.P.C. The accused persons pleaded not guilty. 5.1.79 was the date fixed in the court of Magistrate for cross examination of the witnesses and remaining evidence of the complainant but on that date neither the witnesses nor the complainant appeared in court and the learned Magistrate after considering the evidence on record acquitted the accused-respondents of the charges levelled against them. This appeal has preferred by the complainant on o ground that the learned Magistrate committed an error in acquitting e accused respondents merely on the ground that the complainant and her witnesses were not available in court in 5.1.79, the date fixed, for cross-examination whereas it was the duty of the Magistrate to have called the witnesses and hence the judgment and order appealed against is liable to be set aside.