(1.) Applicant seeks leave to appeal against the judgment passed by Judicial Magistrate 1st Class, Phillaur dismissing the complaint filed by the applicant bearing No.COMI/08/2017 dated 30th of January, 2017 under Ss. 323/341/354/452/34 of the Indian Penal Code, at Police Station Nurmahal acquitting the respondents.
(2.) As per the contents of the complaint it was alleged that on 16th of November, 2016 accused in connivance with each other started digging the land to install pole outside the house of the complainant and when the complainant tried to stop them from doing so she was given slap blows by respondents No.2 and 3 and accused No.4 and 5 after trespassing into the house of the complainant gave pushes-blows. The respondents were summoned and charges were framed against them qua offence punishable under Sec. 323 r/w Sec. 34 IPC and they were put to trial.
(3.) After analyzing the evidence threadbare the Trial Court found that the testimony of the complainant herself was enough to demolish the case as neither there was any medical examination nor the complainant ever approached the police as per her own admission and thus, the evidence was too discrepant to hold the respondents guilty.