SWINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE instant application has been filed by complainant Swinder Kaur under Section 378 (4) of the Code of Criminal Procedure, 1973 for grant of special leave to appeal against the judgment of acquittal dated 15.5.2013 passed by the Judicial Magistrate Ist Class, Tarn Taran, whereby the complaint filed by the applicant -complainant against accused -respondents No. 2 to 5 has been dismissed and they have been acquitted of the charges framed against them by giving them the benefit of doubt.

(2.) BRIEFLY stated, the facts of the case are that the applicant -complainant filed complaint dated 10.11.2013 before Judicial Magistrate Ist Class, Tarn Taran and submitted that the complainant and the respondent -accused have common ancestors. On 11.11.1965, Teja Singh, Karnail Singh and Angrej Singh, who were three brothers, had partitioned their joint property i.e. agricultural land as well as residential house. However, the accused persons were having a grudge against the complainant, as they were accusing her to be in illegal possession of one marla of land. On 27.9.2003, when Sukhwinder Kaur @ Sukhi wife of Swinder Singh was repairing the compound wall of her house, the accused Sukhwinder Kaur armed with dattar, Balwinder Kaur armed with dat, Manjit Kaur empty handed and Jagtar Singh armed with a dang came there and threatened the complainant as to why she was getting the wall repaired. Swinder Kaur and Sukhwinder Kaur told them that it was their house and they could do the way they like. On hearing it, the accused Manjit Kaur raised lalkara and all the accused persons gave blows with the respective weapons on the person of the complainant Swinder Kaur and Sukhwinder Kaur @ Sukhi.

(3.) ON the basis of preliminary evidence, learned Magistrate vide order dated 13.3.2009, summoned the accused to face trial under Sections 323/324 read with Section 34 IPC.