RAMDIA Vs. KRISHAN

JUDGEMENT

(1.) Prayer in this application, filed under Section 378 (4) Cr.P.C. for grant of leave to file appeal, is for setting aside the judgment of acquittal dated 24.11.2011 passed by the trial Court, vide which complaint filed by the applicant under Sections 323, 452, 506, 34 of the Indian Penal Code (for short 'IPC'), was dismissed.

(2.) Brief facts of the case are that previously, the complainant had borrowed some amount from the accused persons, which he paid to them but they are greedy and clever. On 30.09.2004, they threatened him to teach a lesson for not making full payment. On 02.10.2004 at about 7.30 a.m., when the complainant was present at his house, accused persons forcibly entered in his house, having lathies and dandas in their hands. Accused Krishan raised lalkara to kill him and thereafter, accused Prem gave lathi blow on the back of complainant. On this, complainant fell down and accused Prem gave blows on his sole. Accused Rajinder gave danda blow on his arm. Accused Kalawati also gave danda blow on his sole. Sonu and one Ram Mehar came on the spot and rescued him from the cluthes of accused persons. While leaving, they threatened him with dire consequences. Thereafter, the complainant himself medico-legally examined on 03.10.2004 at CHC, Julana. He approached the police but no action was taken and therefore, he has filed the complaint.

(3.) The complainant led preliminary evidence and in view of the same, the trial Court summoned the accused persons vide order dated 15.10.2007 for commission of offence punishable under Sections 323/452 and 506 IPC read with Section 34 IPC.