ANITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant/ complainant has preferred the instant appeal against judgment dtd. 4/12/2023, passed by learned Additional Sessions Judge- cum-Judge, Special Court for Heinous Crime Against Women, Hisar vide which respondents have been acquitted of offences punishable under Ss. 307, 323 read with Sec. 34 IPC and 506 IPC.

(2.) The factual scenario, as highlighted by the prosecution, is that on 22/1/2021, an information was received by the police with regard to referring of complainant/ injured Anita from CHC Narnaud to Government Hospital, Hisar due to receipt of injuries. Upon receiving this information, ASI Karambir along with police officials reached at CHC Narnaund on 23/1/2021 and received the MLR of the injured. Thereafter, he reached at Government Hospital, Hisar, where the injured was not found fit to make the statement. On 24/1/2021, ASI Karambir again went to Government Hospital, Hisar when injured made a statement to him. She stated that she got married with one Satbir nearly eleven years back and son, namely Vanshu and daughter, namely Varsha was born from their wedlock. Her husband namely Satbir Singh had expired nearly eight months earlier in a road side accident. After the death of her husband, she started residing at village Nada at her matrimonial house. However, her brother-in-law (Jeth) and sister-in-law (Jethani) started harassing her in order to grab her share in the property and due to said reason, she started residing with one Vijender at village Sisar, who was the son of maternal uncle of her husband Satbir. On 20/1/2021, she had visited village Nada to take care of her property. On 22/11/2021, she was returning back from village Nada to village Sisar and when she was waiting for a bus at bus stand village Kinnar, at nearly 3.30 p.m., her brother Ajay and brother-in-law Rajesh came there on a motor cycle. Accused Ajay put a rope in her neck and tried to strangulate her and accused Rajesh hit with a Gandasa, fixed on a wooden log. However, some unknown person present there saved her from that blow. Thereafter, both the accused persons snatched an amount of Rs.50,000.00, one gold chain of 03 tola, one gold locket of 1 1/2 tola and one gold Mangalsutra of 01 tola from her. Thereafter, both the accused persons ran away from the spot threatening to kill her if she would claim her share in the property and then she became unconscious. When she regained consciousness, she found several persons and police were at the spot and she was taken to CHC Narnaund for treatment from where she was referred to Government Hospital, Hisar. On the basis of statement of the complainant, initially DDR No. 23 dtd. 24/1/2021 was registered. Medical record of the injured was collected. Further investigation was carried out by ASI Bhan Singh and after verifying the facts of the present case, the FIR under Ss. 323, 506, 379B, 34 IPC was registered. Spot was inspected and statements of the witnesses were recorded. Accused Ajay and Rajesh were arrested. After completion of other formalities of investigation, report under Sec. 173(2) of Cr.P.C. was submitted against accused persons.

(3.) After finding a prima facie case against the accused, they were charge-sheeted for the offence punishable under Ss. 307, 323 read with Sec. 34 IPC and 506 IPC, to which they pleaded not guilty and claimed trial.