SURINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Surinder Kaur complainant has preferred the present appeal impugning judgment and order dated 20.08.2014 passed by the learned Additional Sessions Judge, Ludhiana whereby respondents No. 2 to 5 have been convicted for the offences punishable under Sections 452, 323, 324 read with Section 34 IPC and the benefit of probation has been extended to the said respondents on their furnishing bonds to the tune of Rs. 50,000/- with one surety of the like amount for two years with an undertaking to appear and receive the sentence whenever called upon and in the meantime, to keep peace and maintain good behaviour.

(2.) Appellant/complainant is aggrieved of the impugned judgment inasmuch as the above respondents have not been convicted for the offence punishable under Section 307 IPC as well as extension of benefit of probation to the said respondents. Learned trial Court in the facts and circumstances of the case released the accused on probation for a period of two years especially on the ground that the complainant and the accused are neigbours and the accused are first offenders.

(3.) FIR No. 211 dated 13.09.2008 under Sections 452, 323, 307/34 IPC was registered on the basis of the statement made by Surinder Kaur on 13.09.2008 before ASI Joginder Singh that respondents Jagdish Singh, Jagtar Singh, Rinku and Mewa Singh came to their house on 12.09.2008 at about 8.00 p.m. Jagdish was armed with a sword. There was scuffle with her husband while she stood in between the door. Mewa Singh inflicted an iron rod blow on the left foot of her husband. Jagdish Singh inflicted a sword blow on the left side of the complainant. Other accused did not cause any injury either to her or her husband. Her father-in-law was present at the place of occurrence. Thereafter all the accused ran away from the spot alongwith their respective weapons. Motive behind the occurrence was that sewage was blocked and water from their house was flowing towards house of the accused. Site plan of the occurrence was prepared. On receipt of medical report, offence under Section 307 IPC was added. Supplementary statement of Surinder Kaur was recorded on 14.09.2008. Report under Section 173 Cr.P.C. was presented on completion of investigation. Charge was framed against the accused for the offences punishable under Sections 452, 307, 323 read with 34 IPC. Accused claimed trial. Prosecution examined six witnesses to prove its case.