KALU RAM Vs. RAM SARUP AND ANR

JUDGEMENT

(1.) Complainant - Kalu Ram son of Gandhi Ram has preferred the present revision petition assailing acquittal of accused respondents Ramsarup and Norki Devi ordered by SDJM, Abohar vide his judgment dated 17.09.2001 in case FIR No. 5 dated 11.01.1999 registered at Police Station Sadar, Abohar under Sections 326, 324/34 IPC at the instance of complainant Kalu Ram. However, respondent-State has opted not to file such an appeal.

(2.) Kalu Ram PW-1 got recorded his statement Ex.P1 to SI Vir Chand PW-4 on 11.01.1999 at 11:30 AM, at Civil Hospital, Abohar. In his statement, he stated that he was a resident of Village Kundal. His maternal grand-father was having 11 killas of land. Out of which 8 killas of land was with him and remaining 3 killas of land was in possession of Sarwan Ram son of Kesra Ram. Against 3 killas of land a suit was decided in favour of the complainant. Jaila Ram son of Kesra Ram had not paid the amount of compensation. Therefore, the Court auctioned one kanal of land in order to recover the costs of the complainant. On 10.1.1999, there was a turn of water to irrigate the land of the complainant. The complainant gave his land to his maternal uncle Puran Ram on the basis of share. When the complainant was going to take turn of water at about 4.16 PM Ram Sarup son of Jaila Ram came and his mother gave a lalkara that the complainant should be taught a lesson. Ram Sarup gave a blow by his toka on the right shoulder and another blow on the left arm of the complainant. On a noise raised, maternal uncle of the complainant was attracted at the spot. Mother of Ram Sarup had given a push. Ram Sarup, who was aged about 161/2 years at the time framing of charge and his mother Norki Devi were charged for offence under Section 326 IPC for having caused grievous hurt to Kalu Ram on 10.1.1999 at about 4.15 PM. These two accused were also charged for offence under Section 324 IPC read with Section 34 of IPC. They denied the allegations.

(3.) Dr. Gobind Ram Aggarwal PW-2 examined Kalu Ram on 10.1.1999 at 6.30 PM and found following three injuries on his person: