CHANDU LAL Vs. SATYA NARAYAN AND ANOTHER

JUDGEMENT

(1.) The appellant, who had received injuries in the occurrence in question and thus, a 'victim' as defined under Section 2(wa) of the Code of Criminal Procedure, has filed the present appeal for challenging the judgment passed by the Additional Sessions Judge, Narnaul, whereby respondent Satya Narayan stands acquitted of the charges under Sections 452 and 307 IPC.

(2.) The case of the prosecution, in nutshell, is that on 21.4.2011, the appellant was sleeping on a cot in front of the inner gate of the Baithak of his house. His wife Smt. Kunta Devi, who was hard of hearing was also sleeping there. The appellant's daughter-in-law Mamta Devi was, however, sleeping alongwith her children in the courtyard of the house. The outer wall of the Baithak was six feet high and main gate installed was bolted from inside. At about midnight, some unknown persons opened the main gate of the house and trespassed into the Baithak. They fired at the appellant and ran away from the spot. On hearing the firing of gun shot, Mamta Devi, daughter-in-law of the appellant, went to the Baithak and found the appellant lying on the cot. She switched on the light and saw that the blood was oozing out from the right side of the chest of the appellant. She asked the appellant about the matter to which he stated that some persons had fired at him and, thereafter, had run away from the spot on motorcycle. The appellant was, thereafter, taken to the hospital. On the statement made by Mamta Devi, FIR was registered on 22.4.2011 at Police Station Kanina.

(3.) Further case of the prosecution is that on 1.7.2011, the appellant submitted application Ex.PN to the police to the effect that on the day of occurrence, Satya Narayan, who was husband of Sarpanch-Santosh, and his elder son Jai Parkash had trespassed into his house. Satya Narayan had removed blanket from his face and asked his son Jai Parkash to kill the appellant. Jai Parkash fired from a gun and the bullet hit him on the right side of his chest. When the two assailants started running, he chased them upto main gate where he saw Umesh, the younger son of Satya Narayan, standing outside with the motorcycle and all the three had run away on the motorcycle. He further stated that Satya Narayan and his sons were having a grudge against him since the Panchayat elections and several times they had threatened him with dire consequences.