RAJ Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PRESENT criminal revision petition, at the instance of complainant, is directed against the impugned judgment dated 20.11.2014 passed by learned Additional Sessions Judge, Jind, whereby appeal of the accused -respondents, against the judgment of conviction dated 05.11.2011 passed by learned Additional Chief Judicial Magistrate, Jind, was allowed and conviction of the respondents, was set aside.

(2.) BRIEF facts of the case, as noticed by the learned Additional Sessions Judge in para 4 of his impugned judgment, are that on 19.01.2008, complainant Smt. Raj along with her son Kuldeep had gone to her fields to avail the water turn from 4.07 PM to 4.58 PM. Thereafter, accused Om Parkash was to avail the water turn but accused Om Parkash disconnected the water turn of complainant at about 4.45 PM as a result of which, she raised an objection. Thereafter, accused Om Parkash gave a kassi blow which hit her head whereas accused Sitender gave a jelli blow on her abdomen. In the meanwhile, Om Parkash accused gave 2/3 blows with the help of kassi which struck on her left hand, elbow and right knee. She raised an alarm hearing which, her son Kuldeep came for her rescue. Accused Sitender also gave a kassi blow upon the right side of head and on the back of complainant's son Kuldeep. Thereafter they both raised hue and cry hearing which Hawa Singh son of Siri Chand who was working in the nearby field, came for their help. Thereafter, they were brought to the hospital for their medical examination where police recorded statement Ex. PW3/A of the complainant. As the accused had committed the said offence, hence, legal action was sought against them.

(3.) THE police report under Section 173 Cr.P.C. having been presented against the accused, copy thereof along with documents attached therewith, was supplied to the accused, as required under Section 207 Cr.P.C. A prima facie case was found and accordingly, the accused were charge -sheeted by the learned trial Court. Accused pleaded not guilty and claimed trial.