RAVINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner Ravinder Kaur has preferred this revision petition questioning the legality and propriety of order dated 03.12.2005 acquitting the private respondents of the charges of trespassing and assaulting under Sections 451, 323, 356 IPC.

(2.) Brief facts relevant for the decision of the present revision petition are that the petitioner had submitted a written complaint before SHO, Police Station Kotwali, Patiala on 05.12.2001 informing that she was married to Harwinder Singh @ Kaka, who was already married but she came to learn later on that he was earlier married to someone else but it was decided between the families that Harwinder Singh @ Kaka would stay with both the ladies for four days each. On the date of occurrence, Sukhdev Kaur previous wife of Harwinder Singh @ Kaka, his mother, his brother Harjit Singh, Palwinder Kaur wife of Harjit Singh, Harwinder Kaur wife of Manjit Singh and Hardip Singh son of Harwinder Singh came to her residence and started abusing her. Sukhdev Kaur condemned her by saying that she had taken hold of her husband. All the accused assaulted the petitionercomplainant and her husband Harwinder Singh @ Kaka. Her mobile phone was also snatched. The statement of petitioner was sent for investigation to SI Kulwant Singh, who got her medically examined and MLR Ex. PW-3/A regarding her injuries was collected. During course of investigation, site plan of the place of occurrence was prepared. Statements of the witnesses were recorded. Accused were arrested. On completion of investigation, challan against the private respondents-accused was presented on 15.06.2002. Copies of the document and report were supplied to the accused as required under Section 207 Cr.P.C. The accused were charged under Sections 451, 323 and 356 IPC by Chief Judicial Magistrate, Patiala on 20.12.2003.

(3.) In order to substantiate the story of the prosecution, the statement of petitioner was recorded and she was examined as PW-1. PW-2 Dr. Ranjit Singh is an eye witness who corroborated the assault on the petitioner. PW-3 Dr. Geetanjali Puri proved MLR Ex. PW-3/A. PW-4 SI Dharam Pal who was posted as ASI at Police Station Kotwali, Patiala proved the FIR and part of the investigation conducted which included arrest of the accused.