SATYABIR SINGH Vs. JAGDEV AND OTHERS

JUDGEMENT

(1.) The respondents had faced trial in criminal complaint No. 175 of 2010 under Sections 323, 325 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') registered at Police Station Kanina, District Mahindergarh. The trial Court, vide judgment dated 14.10.2014 ordered the acquittal of the respondents-Jagdev, Leela Ram, Rattan Singh and Bhim Singh of the charges framed against them. Hence, the present application for grant of leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been filed by the applicant-complainant.

(2.) Brief facts of the case are that the applicant-complainant filed the complaint with the allegation that on 5.8.2009 at about 8.00 a.m., mother of the complainant-Bhuri Devi, when went to adjacent room then accused-Jagdev, Leela Ram, Rattan Singh, Bhagmal stopped her and Ragbir, having a stick in his hand, along with Bhim Singh also came there. Bhagmal gave a fist blow on her rib and Jagdev twisted her hand and pushed her out from the house and threatened her to death. On raising alarm, Shri Naryan alongwith other persons of the village gathered there. On being unconscious, Bhuri Devi was admitted to Hospital and, on medico legal examination, a fracture was found in her hand and FIR No.203 dated 18.9.2009 was registered but since in connivance with the accused, the investigation agencies cancelled the FIR, the present complaint was filed.

(3.) In the preliminary evidence, the complainant has examined Constable Guljari Lal as CW1 and Ram Chander Sharma as CW2, Bhuri Devi as CW3, Shri Narayan as CW4 and Satyabir Singh, CW5- complainant. Thereafter, the accused were summoned to face the trial for commission of offence punishable under Sections 323/325/506/34 IPC.