KAVITA Vs. SONI & OTHERS

JUDGEMENT

(1.) This is an application filed under Section 378(4) CrPC for grant special leave to appeal against the judgment of acquittal dated 7.2.2014 passed by learned Judicial Magistrate Ist Class, Karnal, whereby the complaint filed by the applicant under Sections 323/148/149/452/341/315/511/504/506/34 IPC has been dismissed and accused-respondents have been acquitted of the charges levelled against them, as the applicant-complainant has failed to prove the guilt of the respondents-accused beyond reasonable doubt.

(2.) Briefly stated, the applicant-complainant had filed the aforesaid complaint on the premises that on 21.7.2009 at about 3- 00 P.M., accused-respondent no.1 namely Soni was carrying soil in the trolley of his tractor. As he was driving the tractor in a rash and negligent manner, he smashed it in the wall of the house of the applicant-complainant. Due to this, father-in-law of the applicant-complainant came out of the house and noticed cracks in the wall. He showed his anguish about the incident and stated that he will complain about the said incident and the behaviour of the accused to the Panchayat or police. This annoyed the respondent-accused and he started abusing her father-in-law and also threatened him that in case the matter is reported to the panchayat or police, he will be done to death. After some time, the accused-respondents along with two unknown persons came to the house of the applicant-complainant and thrashed her as well as her father-in-law. They gave many blows in the stomach of the complainant in order to terminate her pregnancy. When her mother-in-law and husband came to their rescue, they were also given beatings. The accused also snatched the gold chain and gold nosepin of the applicant-complainant. It is only when their neighbourers namely Sumer and Dilawar reached at the spot, they were rescued. On medico-legal examination, the matter was reported to the police, but no action was taken by the police and therefore, the complainant has filed the present complaint.

(3.) In pre-charge evidence, complainant-Kavita examined herself as CW-1, her mother-in-law Reshma as CW-2, her fatherin-law Jagan Nath as CW-3 and Dilawar as CW-4 and closed the evidence on 12.7.2013.