BALWANT RAI Vs. RAMESH CHAND AND ANOTHER

JUDGEMENT

(1.) Appellant (PW-1 Balwant Rai) lodged a complaint against respondents No. 1 and 2 stating therein that on 18.11.2009 he, alongwith his daughters in-law namely Manjit and Neena Devi, was irrigating his fields at about 2.30 PM and at that time his cousin Ramesh Chand (son of his Chacha) having spade in his hand alongwith his wife Rachana Devi having sickle in her hand reached there. They asked reason for damaging boundary of their fields. PW-1 Balwant Rai replied that he was raising blockade (Aad) for irrigating his field but respondents extending threaten to see him alleged that he was removing boundary of their fields and Respondent No. 1, Ramesh Chand gave a blow of spade on his head and respondent Rachna Devi inflicted injury on his right hand thumb with sickle causing bleeding from his hand and head. His daughters-in-law rescued him and took to Civil Dispensary Dehlan for treatment. After taking treatment he returned home. Thereafter matter was compromised between him and his cousin Ramesh Chand but thereafter also his cousin continued to threaten.

(2.) On registration of FIR matter was investigated and PW-1 Balwant Rai was medically examined and after completion of investigation challan was presented in the Court.

(3.) Respondents No. 1 and 2 were charge sheeted under Sections 323 and 307 readwith Section 34 IPC. On conclusion of trial, respondent No. 1 was convicted under Section 324 IPC and was given benefit of Section 4 of Probation of Offenders Act, 1958 whereas respondent No. 2 Rachana Devi was acquitted of charge framed against her under Sections 323 and 307 IPC readwith Section 34 IPC vide impugned judgment.