SUNITA DEVI Vs. DEEP CHAND & ORS

JUDGEMENT

(1.) By way of the present revision petition, the petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Hamirpur, in Criminal Appeal No. 88 of 2008 dated 14.05.2009, vide which, learned Appellate Court has upheld the judgment of acquittal passed by the Court of learned Chief Judicial Magistrate, Hamirpur, in Private Complaint No. 69-I of 2004/185-II of 2006 dated 01.09.2006.

(2.) Brief facts necessary for the adjudication of the present case are that complainant Smt. Sunita Devi filed a complaint under Sections 147, 148, 149, 323, 324, 325, 452, 506 and 341 I.P.C. on the ground that on 19.02.2004 at about 7.00 P.M. accused formed a group in order to harass the complainant and her family members and her brother Kishan Chand, who was returning home at the relevant time after discharging his duties, was attacked near his home by accused Deep Chand and Suresh Kumar. As per the complainant, Maya Devi, Meera Devi and she went to the spot on hearing the noise and rescued their brother. Deep Chand had bitten the finger of Kishan Chand and Maya Devi, as a result of which they suffered injuries. Deep Chand also inflicted a blow on the face of the complainant as a result of which she lost her tooth. According to the complainant, when she went to her house, all the accused persons entered the house and started abusing the complainant and her family members and threatened to kill them. They pelted stones on their house causing damages to the doors, windows and walls. Deep Chand also caught her from her hair and dragged her causing injuries to her. This incident was witnessed by Balbir Singh and Mand Chand, who rescued the complainant from the accused persons. The factum of the incident was telephonically intimated by the complainant to the police.

(3.) Pre-Charge evidence was led by the complainant and subsequently, charges were framed against the accused for the commission of offences punishable under Sections 341, 324, 323, 427, 506, 147 read with Section 149 I.P.C.