SMT. BULU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State.

(2.) The application for leave to appeal has been moved for permission to file an appeal against the impugned judgment and order dated 3.12016 passed by Additional Sessions Judge, Court No.3, Budauan in S.T. No.410 of 2014 in N.C.R. No.07 of 2012, (Smt. Bulu Vs. Yashpal and others), acquitting the opposite party Nos.2 to 5 from the charges under sections 323/34, 504 and 506 IPC.

(3.) Learned counsel for the complainant-appellant contended that the complainant has proved her case by the evidence of complainant and two other witnesses, all of whom corroborated the prosecution case; that the learned trial court has acted wrongly and illegally in acquitting the by giving them benefit of doubt; that it is proved from the evidence on record that as many as four injuries were sustained by the complainant Smt. Bulu, when she had gone to make a complaint with regarded the drainage water passing over her land; that on the complaint made by the complainant, beaten her with lathi, dandas and when her husband came for rescue, he was also beaten and also damaged the shop and house of complainant; that the learned trial court has acted wrongly in holding that the complaint case has been filed as a matter of counter blast to case crime no.1 of 2012, under Sec. 307 IPC, regarded alleged attempt made by Girish Sarkar, the husband of complainant, on the life of Neeraj, the son of accused-respondent Tularam, by causing by bullet injury on left side of his chest on 6.1.2012; that it was proved from the evidence on record that information of the incident in question was given by complainant at police station concerned on 10.1.2012, upon which N.C.R. case no.7 of 2012, under sections 323, 504 and 506 Penal Code was registered; that the applicant has every hope of success in appeal; that the impugned order is liable to be set aside and the are liable to be convicted.