CHARANJIT KAUR Vs. GURMAIL SINGH AND OTHERS

JUDGEMENT

(1.) Respondents had faced trial qua commission of offence punishable under Sections 323/149 of the Indian Penal Code,1860 (for short 'IPC') in complaint filed against them by the appellant. Vide judgment dated 19.5.2012, respondents were acquitted of the charges framed against them. Hence, the present application under Section 378(4) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for grant of leave to file an appeal by the complainant. After hearing the learned counsel for the parties, I am of the opinion that the instant application deserves dismissal.

(2.) The case of the complainant, in brief, was that on 14.7.2008 at about 6.00 a.m., she had gone to the spot to throw garbage. Respondents No. 1 to 3 came there and started beating the complainant. Respondent No.2 gave a blow on the right knee of the complainant with the help of stick. Respondent No.3 gave a blow with a stick on the shoulder of the complainant. Remaining respondents also abused the complainant. Complainant was got admitted in the hospital. The police had initiated proceedings under Sections 107/151 Cr.P.C. Hence, the complaint was filed.

(3.) Learned trial Court,while acquitting the respondents of the charges framed against them, held that as per the Doctor, the complainant had suffered simple injuries and the same were described to be blunt in nature. During cross-examination, Doctor Kirpal Singh CW2 deposed that the possibility that the injuries were self suffered could not be ruled out. Further the matter was duly investigated by the Police and the proceedings under Sections 107, 151 Cr.P.C. were initiated. No independent witness was examined by the complainant to support her case. Complainant had also admitted in her statement that the civil suit had been filed against her by the accused and a complaint had been filed against her by the accused and the same were pending.