GODAWARI Vs. RATTAN LAL

JUDGEMENT

(1.) The present revision petition has been directed by the complainant Smt. Godawari Devi under Sections 397 and 401 read with Section 482, Code of Criminal Procedure, against the judgment dated 9.9.1996 passed by the learned Additional Sessions Judge, Solan, in Criminal Appeal No. 1 -NS/10 of 1994 whereby the respondents have been acquitted of the offences under Sections 325, 323 and 506, (Part II), Indian Penal Code after setting aside their conviction and sentence for such offences as recorded by the learned Sub -Divisional Judicial Magistrate, Arki, in Criminal Case No. 3/2 of 1992.

(2.) Briefly stated, the facts of the present case are these. The complainant Smt. Godawari Devi is a resident of Village Aslu of Tehsil ( Arki in District Solan. Her husband Hari Ram is serving in the Health Department and posted at Shimla in Ripon Hospital He visits his village only during the holidays. Smt. Godawari is residing in the village along with her children.

(3.) On 11.10.1991 at about 6.00 a.m. when the complainant along with her sisters -in -law Smt. Kamla Devi and Smt. Hardei had gone to their field to fetch the grass, she saw the four respondents and one Smt. Roshani Devi digging her field so as to take water to their land through her land. Respondent Rattanu at that time was armed with a "Jhamb" while respondent Jiwa Nand was armed with a "Khilna" and a "danda". She asked the respondents as to why they were digging her field and were trying to take water through her field. Respondent Rattanu then attacked her. Respondents Yashoda and Saju Devi as well as Smt. Roshani abovenamed caught hold of her and started pressing her neck with thumb. The respondents Rattanu and Jiwa Nand inflicted "Jamb*, "Khilna" and "danda" blows on her person as a result of which she sustained injuries on different parts of her body. On hearing her cries, her sisters -in -law, Smt. Kamla Devi and Hardei came to the spot and when they tried to intervene in order to save her, they were also assaulted by the respondents. !n the meantime, Lachhman and Banti Devi arrived at the spot. The respondents by that time had run away after extending threats to the complainant that she would be shot dead.