GEETA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 19.02.2011, passed by the Additional Sessions Judge (Fast Track), Nagaur, whereby the learned Judge has framed the charges for offences under Sections 447, 323, 323/34, 325, 325/34, 307 and 307/34 IPC, the petitioner has approached this Court.

(2.) SHORTLY the facts of the case are that the SHO, Police Station Khimasar, District Nagaur, recorded the Parcha Bayan of Rikhab Chand, wherein he claimed that he and his family members are co-joint owners of a land in khasra No.595 measuring 57 biga 11 biswa. Half of the said land belongs to him, his brothers, namely Ramesh, Hariram and to their mother, Smt. Kamla Devi. The other half of the land belongs to his cousin brothers, Om Prakash and Chaturbhuj, who are the children of his elder uncle. While the northern portion belongs to Om Prakash and Chaturbhuj, the southern portion belongs to them. He further claimed that southern portion is in their possession, while the northern portion is in possession of Om Prakash and Chaturbhuj. He further claimed that on their land, he and his brothers had sown Bajara and sesame seeds (Til). On 12.09.2010, while he himself, his brother, Ramesh and their mother, Smt. Kamla Devi, had just entered the farm, they found Chaturbhuj, Om Prakash, wife of Chaturbhuj, Ishwar and Dinesh, sons of Chaturbhuj, Smt. Gita, wife of Om Prakash, their daughter Kaushaliya, two of their brother-in-laws and their wives, hiding in their farm. These persons were armed with Sickle (Kassi) and Koot. The moment, the complainant and his family members entered their farm, they were assaulted by these persons. According to him, Chaturbhuj hit him on his head with Sickle (Kassi) and Om Prakash hit him with a koot on his right eye. He further alleged that the wife of Chaturbhuj and wife of Om Prakash, the petitioner before this Court, hit him on his hips, back and legs with lathies. He further alleged that the son of Chaturbhuj, hit his brother with Sickle (Kassi) on his head and Orn Prakash's brother-inlaws hit his brother, Ramesh, with lathies on his back. He further alleged that Dinesh also hit his brother with lathi on his legs. He further claimed that Ishwar, son of Chaturbhuj, had hit his brother, Ramesh, with a Sickle (Kassi) on his head. When their mother shouted for help, the assailants ran away.

(3.) RECENTLY in the case of Sajjan Kumar vs. Central Bureau of Investigation ((2010) 9 SCC 368 = 2010(4) RLW 3435 (SC)), the Apex Court has summarized the scope and ambit of Secs. 227 and 228 Cr.P.C. as under: On consideration of the authorities about the scope of Sections 227 and 228 of the Code, the following principles emerge :