HARBANSO DEVI Vs. SOHAN LAL AND OTHERS

JUDGEMENT

(1.) Applicant, by way of instant application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeks leave to appeal against the impugned judgement of acquittal.

(2.) Brief facts of the case, as noticed by the learned trial court in para 1 of the impugned judgement are that the complainant filed the present complaint against all the above named accused under sections 323, 324, 325, 342, 354, 379, 307, 380, 447, 451, 452, 454, 148, 149 of Indian Penal Code on the allegations that civil litigation was pending in the court titled as 'Raj Kumar Vs. Karan Singh. That all the accused are of the same party. One plot which is their ancestral plot the accused party is trying to take forcible possession of the same from them. On 17.6.2005 all the accused came on the spot with their weapons in front of their house. Around 1 kanal of land was there on which they came to get possession. When complainant stopped them, accused Karan Singh raised lalkara to teach them a lesson for becoming owner of this land and also to teach them lesson for filing the case and different applications. All the accused came inside their house and started abusing them. The moment they entered inside, the accused Sohan Lal, who was having stick in his hand gave stick blow towards her and she got hurt on her left leg. One stick blow was given by accused Najju and she got hurt on her right shoulder. Then accused Sarwan Singh again gave a gandasi blow towards her with the motive to kill her which got stuck on her head.

(3.) Accused Kamlesh gave a stick blow towards her and she got hurt on her left chest. She also took her golden chain from her neck. Accused Deena @ Anno again gave stick blow towards her and she got hurt on her back and fell down and raised alarm to save her. In the meanwhile her daughter in law Suman Bala who was at home only came forward to rescue her. Then Swaran Singh gave stick blow towards her and she got hurt on her ankle. Accused Najjo gave stick blow towards her and she got hurt on left thigh. Sohan Singh gave stick blow on left leg. Accused Najju and Karan Singh torn her clothes and de-dressed and made her half naked. She also raised alarm. Accused Deep Kaur gave blow towards her, Kamlesh gave stick blow and she got hurt on her back. Then Najju gave stick blow and she got hurt on left ankle. After hearing their noises, other people gathered there and Raj Kumar was also there who saw whole incident with his own eyes and on seeing Raj Kumar, all the accused ran away from the spot with their respective weapons. Raj Kumar took them to Civil Hospital Kahnuwan after arranging vehicle where they were admitted. The police did not take any action against accused.