PATORI Vs. RAHUL AND ANR

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment dated 24.09.2014 passed by learned Sessions Judge, Bhiwani, whereby appeal of the petitioner was dismissed, upholding the impugned judgment of acquittal dated 22.08.2013, passed by learned Principal Magistrate, Juvenile Justice Board, Bhiwani, petitioner has approached this Court, by way of instant criminal revision petition.

(2.) Brief facts of the case, as recorded by learned Sessions Judge in para 2 of the impugned judgment, are that on 06.07.2012 one medical ruqa and two MLRs in respect of Pataso and Urmila regarding their admission in CHC, Tosham after having injured in some scuffle, were received in the Police Station, Tosham through the peon. On this, SI Ranjeet Singh along with EHC Ramesh Kumar reached there and recorded the statement of injured Patori, who stated that she was resident of Village Alakhpura. They have a joint plot with Amir, wherein they used to tether buffaloes jointly. On 06.07.2012 at about 7.30 am, when she was lifting cow dung, then Sushila wife of Amir stated that as to why she was dumping cow dung towards them. On this, an altercation took place between them. In the meantime, Rahul and Dinesh sons of Amir came there while having Gandasies and Rahul gave a Gandansi blow on the left hand of complainant. Then Dinesh gave a Gandasi blow on her left hand. Them Amir came there and he gave a blow with iron rod. On hearing noise, wife of her son came there and she was given stone blows by Sushila and Munesh daughter of Amir and she sustained injuries on her head and right hand. However, there was no enmity between them. On the basis of aforesaid statement and MLRs, Rapat No.29 dated 06.07.2012 was recorded. During investigation, the facts of the case were verified and a formal case under Sections 323, 452, 34 of the Indian Penal Code ('IPC' for short) was registered. The investigation was started by SI Ranjeet Singh. Accused Dinesh, Amit, Sushila and Rahul were arrested. Since, accused-delinquent Rahul was minor, therefore, supplementary challan was prepared against him and was submitted before the Juvenile Justice Board.

(3.) The challan 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 against the accused for the offences under Sections 323, 452 IPC read with Section 34 IPC. Accordingly, he was summoned by the learned trial Court vide order dated 13.10.2012. Accused pleaded not guilty and claimed trial.