ROSHNI Vs. RAM NIWAS AND OTHERS

JUDGEMENT

(1.) Vide this judgment, I propose to dispose of CRR No. 1380 of 2007 filed by complainant - Roshni and CRA S 1865-SB of 2007 filed by the State of Haryana, against the judgment dated 11.4.2007 passed by learned Sessions Judge, Fatehabad, vide which the accused-convicts were ordered to be released on probation for a period of two years on their furnishing bonds in the sum of Rs. 50,000/- each with one surety in the like amount each.

(2.) There is no representation on behalf of the revision-petitioner. Similar was the position on several dates of hearing, as such I proceed to decide the revision petition with the assistance of learned counsel for the respondents No. 1, 2, 4 and 5 and learned State counsel.

(3.) Briefly stated, the facts of the case are that Ram Niwas, Balraj, Kehar Singh, Sharda and Santosh, all of them being accused in FIR No. 158 dated 31.8.1999, for offences under Sections 323, 324, 325, 341 IPC, registered at Police Station Bhuna, were tried by the Court of Judicial Magistrate Ist Class, Fatehabad, on the allegations that on 29.8.1999, at about 8.30 A.M., while complainant Roshni Devi was cleaning the street in front of her house at village Bejalpur, then Kehar Singh came there with a stick in his hand and hit the complainant on her left buttock, the second stick blow given by Kehar Singh found its target on right hand of the complainant. When complainant raised alarm, her sister Santosh, who is married to her brother-in-law (husband's brother) came there and tried to rescue the complainant from assault of the accused. In the meanwhile, Ram Niwas and Balraj, real brothers of Kehar Singh came there. Ram Niwas was armed with a gandasi (axe) and he gave a gandasi blow to the complainant hitting her on head. When the complainant fell down, then Ram Niwas, Kehar Singh and Balraj started beating Santosh, sister of complainant. In the meanwhile, Har Chand, father-in-law of complainant arrived at the spot and he tried to rescue the complainant and her sister from the accused. At that very time Santosh w/o Ram Niwas and Sharda w/o Balraj came there, and they slapped the complainant and her sister Santosh, besides giving fist blows to them. It was with the intervention of Har Chand that complainant and Santosh were released from clutches of accused, otherwise they would have caused more injuries to them. Then the accused left the spot with their respective weapons. Thereafter, the injured were taken to CHC, Bhuna on 29.8.1999. Statement of the complainant was recorded on 31.8.1999. Injured were medico legally examined. The accused were arrested on 9.9.1999.