DARSHANI DEVI Vs. GIAN CHAND AND ORS.

JUDGEMENT

(1.) DARSHANI Devi -complainant has filed this appeal against the impugned judgment dated 10.02.2015 rendered by the learned Additional Sessions Judge, SAS Nagar, Mohali, whereby all the 6 accused were convicted under Sections 323/452 and 149 of Indian Penal Code (for short 'IPC') whereas they were acquitted of the charges under Sections 307 and 148 IPC. She wanted that the accused be convicted for attempt to commit murder as they were having an intention to kill her and her mother and only with that intention, they entered into the house of her mother.

(2.) IT is the allegation of complainant that on 10.08.2012, she had gone to her parental house to see her mother and for paying obeisance at Gugga Marhi. Her mother's house was under construction. Gravel (bajri) etc. was lying at a common place adjoining the house of her mother and that of accused. On 11.08.2012 at about 9 am the accused started hurling abuses on complainant and her mother asking them to remove the gravel from the common place as they wanted to place toka machine there. Accused are the relatives of complainant. They are inimical towards the family of complainant as well. The complainant and her mother requested them to place the toka machine at some other spot but they gave a threat to them of dire consequences and had gone away.

(3.) COMPLAINANT in support of her case herself appeared as CW1 and examined her mother Saroj Bala as CW2, Dr. Kumar Abhishek as CW3, Baljinder appeared as CW4, Rimpy as CW5 and Dr. Sangeeta Jain was examined as CW6.