USHA RANI Vs. SHIV CHARAN

JUDGEMENT

(1.) Respondents No. 1 to 5 were tried for offences under Sections 323/324/34 IPC on the allegations that on 23.11.1999 at about 10.30 A.M. they had caused injuries to Usha Rani and her daughter Renu. Vide judgment dated 16.9.1992, learned Sub Divisional Judicial Magistrate, Nuh held that the prosecution had miserably failed to prove its case against the accused and, accordingly, acquitted them of the charges against them. Aggrieved of the same, Usha Rani filed the present revision under Section 401 Cr.P.C.

(2.) According to the prosecution, Usha Rani alongwith her husband Naresh Kumar was living on the upper portion of the house whereas the ground floor was occupied by her husband's uncle Shiv Charan, his three sons and one grandson. According to Usha Rani, the floor of the portion in her occupation was in a broken condition and, therefore, repairing work was going on. However, on 23.11.1999 at about 10.30 A.M., Shiv Charan and Nanak Chand came there and asked her about the work as without obtaining their consent, how she could get the repairs done. In the meanwhile, Gian Chand, Ashok Kumar and Rakesh Kumar accused also came there and started throwing the iron angles from the floor. When she objected to the same, Ashok Kumar gave a blow of angle on her left arm. Gian Chand gave a blow with a stone on her left eye. Rakesh Kumar pushed her whereupon she fell down. When her daughter Renu came to rescue her, she was given a blow with a stone by Ashok Kumar. Shiv Charan and Nanak Chand abused her in a filthy language.

(3.) On the statement made by Usha Rani in CHC, Nuh, which was recorded by HC Govind Ram, FIR No. 288 dated 24.11.1999 was registered at Police Station, Nuh against respondents No. 1 to 5 for offences under Sections 323/324/34 IPC. After completion of the investigation, final report under Section 173 Cr.P.C. was submitted by the police against the accused. Copies of the final report were supplied to the accused persons free of cost. All the accused were thereafter charged for the aforementioned offences, to which they pleaded not guilty and claimed trial.