ISHWAR Vs. MANOJ

JUDGEMENT

(1.) This is an application for special leave to appeal by complainant preferred for sentence to respondent No. 1-Manoj as he has been acquitted under Section 307 of the Indian Penal Code and for challenging the acquittal of respondent No. 2-Shakuntla.

(2.) Counsel for the applicant has submitted that acquittal of respondent No. 2-Shakuntla has been challenged on the ground that she had accompanied her husband and son, on the date of incident and joined the co-accused in inflicting injuries to Gopal, son of complainant by trespassing his house. Though respondent No. 2-Shakuntla has been attributed injury on the fingers of left hand of Gopal, but she has been wrongly acquitted by giving the benefit of doubt. Counsel further submitted that respondent No. 1-Manoj had inflicted injury with an iron rod on the head of Gopal, son of the complainant, whereas, respondent No. 2-Shakuntla gave a danda blow on the fingers of left hand of Gopal.

(3.) Mahender-husband of respondent No. 2 having died during the trial, it is not necessary to assess his culpability.