JANTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as the pleaded facts and the record would reveal, are that the complainant-Shaukat Ali, on 31/10/2020 lodged a typed report at Police Station, Sendra, Pali stating therein that on 30/10/2020, in the afternoon at about 03:00 p.m. when the complainant himself and one Smt. Hajri (his Badi Maa) were present at their home, one Ramesh s/o. Bhanwaroo, Rafiq s/o. Rajan, Janta w/o. Rajan, Mumtaz w/o. Ashok and others conspired and trespassed into their home and assaulted them with sticks and weapons; as a result whereof they sustained injuries, and had to be taken to a hospital, namely, A.K.A.H., Beawar. And that similarly, on 31/10/2020, some persons, including, but not limited to Rajan, Sajan, Shakur, Dilfariyaad, Hema, Rafiq, Guman Ramesh, Janta, Fameeda, Mumtaz, Hasina, Sabina, Maya, Jameela, Asha and Kamla, broke into their house and assaulted them with sharp-edged weapons, due to which injuries were sustained on their head, hand, feet, waist and other parts of their body, and that, the complainant's wife Jameela, was dragged out of the house by her hair, and was also threatened, as a consequence of attempting to protect their aunt, Smt. Hajri, the day before in the aforementioned scuffle.

(3.) Learned counsel for the petitioner submits that the present petitioner is one among many accused persons, and that injuries cannot be directly attributed to her, as the same 'slaps and fists' have been attributed to Ramesh, Rafiq and Mumtaj, and that therefore the charges framed against the present petitioner, ought to be quashed, as the charge for the offence under Sec. 302 cannot be levelled against the present petitioner, in light of such weak allegations.