SURAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. for setting aside of the order dtd. 8/1/2015 (Annexure P-3) passed by the learned Additional Sessions Judge, Sonepat, by which in a criminal revision, the Court has set aside the order of the learned trial Court dtd. 3/4/2013 (Annexure P-2) dismissing an application moved under Sec. 323 Cr.P.C. filed by the complainant and remanded back the case to the learned trial Court for fresh adjudication.

(2.) The brief facts of the case are that the statement of the complainant-Narain Singh S/o Rijku was recorded to the effect that he and his brother Randhir had a dispute regarding a plot of land in the village. As per him, on 2/5/2011, the accused persons namely, Surat Singh S/o Rijku, Randhir S/o Rijku, Surender S/o Surat Singh, Sandeep S/o Surat Singh, Rani W/o Randhr Singh, Mukesh W/o Surender and Ram Rati W/o Surat assaulted him and his son Virender and Rohtash. His wife Satwanti is also said to have been assaulted by the accused leading to her death. The specific injuries said to have been caused to his deceased wife Satwanti are culled out from the FIR and reproduced below:-

(3.) Based on the said complaint, initially the FIR was registered under Ss. 148, 149 and 302 IPC. Pursuant to the post-portem and the opinion of the PW1-Dr. Poonam Dahiya taking into account the Histopathological Report, it was opined that the cause of death of Satwanti was due to cardiogenic/neurogenic shock and therefore, the report under Sec. 173 Cr.P.C. was submitted under Ss. 148, 149 and 323 Cr.P.C.