(1.) The applicant/appellant has filed the present application for grant of leave to appeal against the order of acquittal dtd. 10/1/2018 passed by Sub Judicial Magistrate, Hathin, whereby the accused-respondents have been acquitted of the charges under Ss. 148, 149, 323, 326, 452, 307, 506 of IPC.
(2.) The brief facts of the case are that on 14/2/2008, an altercation took place on account of some controversy between their children and the applicant-appellant/complainant (hereinafter known as the complainant) protested to Hurmat. On this, Hurmat got infuriated, started to hurl abuses at him and threatened to teach him a lesson. When the complainant returned to his house, then on the same day at around 10:00 AM while he was at home, all the accused came there being armed with Pharsas, Lathis and Paltas, trespassed into his house and raised a lalkara to finish them. Jakir gave a pharsa blow on the head of the complainant. The accused Kala gave a lathi blow on the elbow of his left hand. When Juber, brother of the complainant tried to protect him, then Hurmat caught hold of Juber and Sheru gave a lathi blow on his right shoulder. Siraj gave a lathi blow on his left arm, Manna gave a lathi blow on the right hand of Juber. When Jaibuna wife of Juber tried to rescue them, Lilli gave an iron palta blow on the head of Jaibuna and she fell unconscious. On raising an alarm, Babuddin and Fajar co-residents reached there and rescued them from the clutches of the accused.
(3.) Vide order dtd. 8/9/2016 the accused were summoned under Ss. 148, 323, 452, 506 read with Sec. 149 of the Indian Penal Code, 1860.
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