KHAIRUNNISHA Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal revision has been preferred against order dtd. 19/5/2023 passed by learned Additional Sessions Judge, Court No.2, Bijnor in Session Trial No. 825 of 2020 (State Government Vs. Mazid and others), arising out of Case Crime No.71 of 2020, Police Station Kiratpur, District Bijnor, whereby revisionist has been summoned under Sec. 319 Cr.P.C. to face trial in the above stated case for offences under Sec. 323, 504, 506, 302 I.P.C. Genesis of the present case

(2.) Brief facts of the case as cropped up from the records of the present criminal revision are that on 18/4/2020, opposite party no.2 namely, Musabbar lodged an F.I.R. against the revisionist, her husband and her son stating therein that rivalry of her family was going on with the family of one Mazid son of Jahid. Two days ago Mazid and Jahid had threatened to kill Danish. On 17/4/2020 at 5.30 P.M. when Danish was going to Bhojpur to get medicines, Mazid took Danish to his house where his mother and father also came and surrounded him. With the intention to kill Danish, Mazid hit Danish with Tabal on his head. Jahid had beaten Danish with a stick and his wife Khairunnisha (present revisionist) pushed Danish due to which he fell on the ground unconsciously. Majid, Jahid and Khairunnish (revisionist) were abusing, beating and threatening to kill Danish. After some time Danish was done to death due to the injuries sustained by him by the accused persons. The case of the revisionist

(3.) The revisionist and opposite party no.2 are resident of same village and a strong political rivalry is going on between their families since long. The first informant has malafide intention against the revisionist and her family. Due to the aforesaid reason, the first informant lodged a first information report on 18/4/2020 against the revisionist, her husband and her son under Sec. 323, 504, 506, 308 I.P.C. Initially the first information report was lodged under Sec. 323, 308, 504, 506 I.P.C. but during the treatment when the injured Danish has done to death, after that Sec. 302 I.P.C. was added in the present offence. Though the revisionist was named in the F.I.R. but during investigation her involvement was not found and thus, no charge- sheet was filed against her.