SUNDARI DEVI AND OTHERS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-152
HIGH COURT OF UTTARAKHAND
Decided on June 18,2013

Sundari Devi And Others Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Informant Bhikhari Singh lodged a complaint to SDM, Lansdowne, District Pauri Garhwal, on 25.10.2003, at 6:00 p.m., against Ravindra Singh, Gindo Singh, Prakash Singh, Gyan Singh, Sunita Devi, Virendra Singh, Veera Devi, Vikki and Shyam Singh, alleging commission of offences punishable under Sections 323, 452, 504, 506 and 147 IPC. It was alleged that, on 24.10.2003, some people assaulted co-villager Balwant Singh and his wife. Balwant Singh saved his wife and took shelter in informant's home. On the same day, at 8:30 p.m., accused persons trespassed into the house of the informant and abused his family members. They were aggrieved on account of the fact that the informant gave shelter to Balwant Singh. The accused persons returned after giving threats of dire consequences. On 25.10.2003, in the morning, the informant went to the house of one Vishesher Singh. Gyan Singh, Veera Devi and Sunita Devi were at home. The accused persons trespassed into the house and started assaulting informant's wife. Sunita Devi caught hold of informant's wife, Gyan Singh assaulted her with kicks and fists and Veera Devi assaulted her with sticks. She (informant's wife) sustained injuries on her body. Arvind and Aakash tried to intervene. Arvind was apprehended by Gyan Singh. Accused persons again threatened informant's wife with dire consequences. When the informant reached his house, his wife narrated the incident to him. She was medically examined by the Medical Officer at Kotdwar Hospital. The matter was reported to the SDM the very next day.
(2.) After the investigation, charge sheet in relation to offences punishable under Sections 323, 324 and 504 IPC was filed against accused-respondent Veera Devi only. PW 1 Sundari Devi (injured), PW 2 Bhikhari Singh (complainant), PW 3 Doctor J.C.Dhyani and PW 4 Anil Negi (I.O.) were examined on behalf of the prosecution. She denied the allegations in her statement under Section 313 Cr.P.C. No evidence was given in defence. After considering the evidence on record, learned trial court exonerated Veera Devi of the charges levelled against her. Aggrieved against the impugned order dated 13.06.2007, present Criminal Revision was preferred by the Bhikari Sigh Bisht and the injured Sundari Devi.
(3.) Prosecution led the evidence through injured PW 1 Sundari Devi. She said in her examination-in-chief that on 25th October, 2003, at 10:00 a.m. Veera Devi, Gyan Singh and Sunita Devi came to her house and complained as to why PW 1 and her family members permitted Balwant Singh to take shelter in their house She was all alone in her house at that point of time. The accused persons assaulted her. Arvind Singh Bisht, who died subsequently, intervened. Other persons also tried to save her. She became unconscious. She was taken to Government Hospital, Kotdwar. Thereafter, she went to Delhi. In her crossexamination, she said that Balwant Singh did not take shelter in her house, instead, his wife (Veera Devi) came to take shelter.;


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