BEERWATI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 29.03.2012 passed by the learned Additional Sessions Judge, Palwal, whereby respondent No.2 has been acquitted of the charges framed against him under Section 323 of the Indian Penal Code and Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC&ST Act") and has been convicted only under Section 325 IPC and order of sentence dated 30.03.2012 whereby respondent no.2 has been sentenced to the period of imprisonment already undergone and to pay a fine of Rs.30,000/- for the offence punishable under Section 325 IPC. In default, further undergo simple imprisonment for a period of three months.

(2.) Brief facts of the case are that on 28.08.2008, an intimation was received that Smt. Beerwati wife of Itwari Lal, resident of village Machhipur was admitted in General Hospital, Palwal. HC Ranvir Singh was sent to General Hospital, Palwal and he was told that patient had been referred to B.K. Hospital, Faridabad. On 29.08.2008, ASI Ram Kumar along with Constable Niyaz Mohammad reached the Hospital at Palwal and recorded the statement of the complainant Smt. Beerwati to the effect that husband of the complainant was a labourer and there was a dispute between them and family of respondent no.2 Dharamvir and 2-3 cases were pending between them regarding land. It is alleged in the statement that on 27.08.2008, she was sleeping at a cot outside her house. At about 12'O clock, respondent No.2-Dharamvir and Balbir sons of Nathi reached there. Balbir asked her to withdraw the cases to which she refused. On this, Dharamvir asked Balbir to kill her. Respondent No.2 armed with a Sabbal made of iron and he gave a Sabbal blow near her right knee. When she raised alarm, both the accused fled away. On hearing her noise, her uncle-in-law (brother of father-in-law) Shiv Charan reached there. The complainant sent intimation about the incident to her husband, who got her admitted in General Hospital, Palwal from where she was referred to B.K. Hospital, Faridabad. On the basis of the statement of the complainant, entry No.24 dated 29.08.2008 in daily diary was entered in Police Station, Hassanpur. Thereafter, a case under Sections 323, 325, 34 IPC was registered on 03.09.2008. During investigation, Section 3 of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 was also added. Respondent No.2 was arrested, however, after investigation, accused Balbir was found innocent. After completion of investigation, challan was presented against respondent no.2 under Sections 323, 325 IPC and Section 3 of the SC & ST Act was filed in the Court. Thereafter, charge was framed against respondent No.2-accused to which the he pleaded not guilty and claimed trial.

(3.) The prosecution, in order to prove its case, examined PW1 Dr. J.P. Parshad, PW2 Dr. Usha Mathur, PW3 Beerwati (complainant), PW4 Shiv Charan, PW5 Ram Kumar and PW 6 DSP Vinod Kumar.