ANGREJO Vs. SEWA SINGH AND ORS

JUDGEMENT

(1.) Complainant-Smt. Angrejo filed a complaint under Sections 323, 324, 506 read with Section 34 of the Indian Penal Code ('IPC' for short) against accused-respondents. Vide judgment dated 23.9.2008 passed by the Judicial Magistrate 1st Class Tohana, the accused-respondents-Jaibir and Shera were held guilty under Section 323 read with Section 34 IPC and accused-Sewa Singh Singh and Darshan were acquitted. Aggrieved by the same, accused-respondents filed an appeal and the same was dismissed vide judgment dated 30.11.2009 passed by the Additional Sessions Judge, Fatehabad with the modification by granting probation to the accused- Jaibir and Shera on furnishing their probation bonds in the sum of Rs. 25,000/- each with one surety in the like amount for the period of one year and during this period, they shall keep peace. Fine of Rs. 5000/- was imposed upon the convicts-appellants and out of the abovesaid fine, Rs. 1000/- was ordered to be applied in defraying the expenses of prosecution and Rs. 4000/- was ordered to be paid to the injured party jointly as compensation for injury caused to them in equal parts. Hence, the complainant-appellant has filed this application under Section 378(4) of the Code of Criminal Procedure for grant of leave to file an appeal against the orders mentioned above.

(2.) Brief facts of the case, as noticed by the trial Court, in paras 1 of its judgment, are reproduced here in below:

(3.) After hearing the learned Counsel for the appellant, I am of the opinion that the application for leave to appeal against judgment dated 23.9.2008 is liable to be dismissed.