RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Ramesh Kumar and Suman wife of Ramesh Kumar, have preferred this revision petition challenging impugned judgment of conviction dated 06.03.2012 and order of sentence dated 07.03.2012 passed by the learned Chief Judicial Magistrate, Ambala as well as impugned judgment dated 09.09.2014 rendered by learned Additional Sessions Judge, Ambala.

(2.) BRIEFLY stated, a complaint No.166/1 of 2005 under Sections 323/ 324/427/452/504/506/34 IPC was filed by respondent No.2 Rekha Rani. It is averred that the petitioners and the complainant are permanent residents of village Dhaaneora, Tehsil and District Ambala. Complainant Rekha Rani woke up at 5.00 a.m. on 14.03.2005 when she heard sounds of fighting and quarrelling. She got up and saw that the petitioners as well as accused Premi Devi, mother of petitioner No.1, were quarrelling with her mother. When she tried to intervene and save her mother, petitioner No.2 Suman and Premi Devi (not a party to this petition) gave fist blows to her. Petitioner No.1 Ramesh Kumar attacked with an axe, which hit on the finger of her right hand. All the accused dismantled a wall of their house, snatched a cycle from them and further inflicted injuries with brick -bats on her younger brother and gave fist blows to her mother. All the accused used filthy language to insult and threaten her with dire consequences.

(3.) IN the meanwhile, when the neighbours collected there, the accused ran away while threatening them with dire consequences. The cause of the incident is alleged to be a previous enmity between her father and accused. Civil litigation was pending between them. DDR (Ex.C3) was lodged but no action was taken by the police. Therefore, the present complaint was filed on 04.08.2005. Finding a prima facie case against the accused, they were summoned by the learned trial court to face trial for the commission of offences punishable under Sections 323/452/504/506 read with Section 34 IPC on 24.02.2007. Four witnesses including the complainant were examined. Accused were chargesheeted on 07.11.2011 to which they pleaded innocence and claimed trial. No further evidence was led by the complainant.