AMAN KAUR Vs. STATE OF H.P.

JUDGEMENT

(1.) A case under Ss. 302, 341, 323, 147, 149, 504, 506 and 201 of the IPC has been registered at Police Station Kot-Kehloor, District Bilaspur, H.P vide FIR No. 105 of 2022 dtd. 21/11/2022. The foundation for registration of above FIR was a statement under Sec. 154 Cr.P.C., of one Shri Daya Ram (now deceased). It was alleged that on 21/11/2022 at about 9.30 P.M. complainant was present in his house and had received a phone call from Subhash Chand informing that Keshav Dutt and Ram Kumar alias Manu were inflicting blows upon Naresh Kumar (son of complainant) with sticks. The complainant with his other son Dinesh Kumar proceeded towards the house of Subhash Chand and when they reached near cow shed of Joginder Pal, they were waylaid by Joginder Pal and his two sons Shashi Pal, Keshav Dutt, nephew Ram Kumar alias Manu, wife Ramana Devi and his daughter- in - law Aman Kaur (petitioner). He further complained that Joginder Pal and his nephew Ram Kumar alias Manu inflicted blows on left leg of complainant with sticks. Keshav Dutt, Shashi Pal, wife ( Raman Devi) and daughter-in-law (Aman Kaur, petitioner herein) of Joginder Pal gave beatings to Dinesh Kumar. They were saved by intervention of Subhash Chand and his son Monu. In the result, complainant had received injuries on his left leg and his son Dinesh Kumar had received injuries on head. Both of them went to Civil Hospital Ghawandal for treatment and found Naresh Kumar, the other son of complainant already under treatment there. Statement of Daya Ram was recorded on 22/11/2022.

(2.) In the evening on 22/11/2022, the police received the information that Daya Ram had died at Regional Hospital Una. His postmortem was conducted. The investigation is stated to be almost complete. The opinion regarding the cause of death of Daya Ram has been kept pending till receipt of report from 'RFSL' and Histopathology laboratory.

(3.) Learned counsel for the petitioner has contended that there is no evidence with the police to suggest that Daya Ram had died on account of injuries allegedly inflicted upon him. He further contended that there is absolutely no evidence against the petitioner. Even as per the statement of Daya Ram recorded under Sec. 154 Cr.P.C., he had not named the petitioner to be the person having inflicted any injury on him. It is further submitted that the petitioner has been falsely implicated with a purpose to settle the scores as the complainant side was having inimical relations towards her and her family members. As per petitioner, she has no criminal antecedents. She is permanent resident of Village and Post Office Saloa, Police Station Kot-Kehloor, Tehsil Shri Naina Devi Ji, District Bilaspur, H.P. and petitioner has undertaken to abide by all the terms and conditions as may be imposed against her.