ABHIMANUE GUPTA Vs. RANJAN MAHAJAN AND OTHERS

JUDGEMENT

(1.) Respondents had faced trial in a complaint filed by the applicant under Sec. 307, 452, 323 506, 148, 149 of the Indian Penal Code, 1860 ('IPC' for short). Charge was framed under Sec. 148, 452, 323, 506 read with Sec. 149 Penal Code. The Appellate Court vide judgment dated 5.8.2013 ordered the acquittal of the respondents. Hence, the present application under Sec. 378(4) of the Code of Criminal Procedure, 1973 praying for grant of leave to appeal by the complainant.

(2.) Case of the complainant, in brief, is that on 9.5.2004, complainant and his wife were present in their house. All the accused came and trespassed in their house. Ranjan Mahajan who was armed with a hockey and the other accused who were armed with sticks had inflicted injuries on the person of Rohini Gupta.

(3.) Learned Trial Court while ordering the acquittal of the respondents held that the occurrence had taken place on 9.5.2004 whereas injured Rohini Gupta was got medically examined on 13.5.2004 and simple injuries were found on her person. Learned Trial court has held that in case Rohini Gupta had suffered injuries on 9.5.2004 at the hands of the respondents, then why she was not got medically examined on the same day. Parties are closely related to each other. Respondent No. 1 Ranjan Mahajan is the brother of Rohini Gupta. In these circumstances, delay in getting the injured medically examined gains significance as it had also transpired during trial that there was some property dispute between the parties and it was probable that due to this reason the respondents might have been falsely involved in the case.