(1.) The instant appeal has been filed against the impugned judgment dated 16.12.2003 passed by learned Judicial Magistrate Ist Class, Hisar whereby respondents have been acquitted of the charges framed against them in a case FIR No.207 dated 04.10.1999, registered at Police Station Adampur, under Sections 323, 325, 148 and 149 of the Indian Penal Code.
(2.) Brief facts of the case are that injured-Suman got recorded her statement to the effect that she is second wife of her husband. In-law of daughters of her husband from his first wife used to harass them and false allegations were levelled against the complainant that the harassment was being caused on behalf of the complainant's side. On 02.10.1999, at about 2.00 P.M, Ram Swarup, Prithi, Krishan, Banwari and Rajender, residents of village Karanpura came to the dhani (house) of the complainant and they started abusing her. They caught hold of arm of the complainant and started dragging her by pulling her hairs. Respondent-Ram Swarup inflicted lathi blow upon left arm of complainant and respondent-Rajinder inflicted two lathi blows on her back. When the complainant cried, Ram Niwas and Anil and other persons approached the spot to rescue her. On seeing them, the assailants fled away from the spot in a jeep. Ram Niwas got admitted the complainant in General Hospital, Adampur. On the basis of statement of complainant, aforesaid FIR was registered. Investigation was set into motion. After completion of investigation, challan was presented against the respondents to face trial.
(3.) On finding a prima facie case against the respondents, they were charge-sheeted under Sections 323 and 325 read with Section 34 of the Indian Penal Code, to which they pleaded "not guilty" and claimed trial.