BEERWATI Vs. STATE OF UTTARANCHAL & ANOTHER
LAWS(UTN)-2013-8-114
HIGH COURT OF UTTARAKHAND
Decided on August 14,2013

Beerwati Appellant
VERSUS
State of Uttaranchal and another Respondents

JUDGEMENT

- (1.) On 10.02.2004, PW1 Ved Pal lodged a report against Kashi Ram in police station, Laksar, District Haridwar for the offences punishable under Sections 323, 307, 506 of IPC. After the investigation, a charge-sheet for the offences punishable under Sections 323, 307, 506 of IPC was submitted against the accused. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 307, 324 and 506 of IPC was framed against the accused, to which he pleaded not guilty and claimed trial.
(2.) Pw1 Ved Pal, PW2 Lata, PW3 Kapil Kumar, PW4 Smt. Beerwati, PW5 Dr. P.K. Bhatnagar, PW6 Shiv Kumar, PW7 Constable Anup Singh and PW8 S.I. Ram Avatar were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. DW1 Sushil Kumar was examined in defence. After considering the evidence on record, learned Addl. Sessions Judge / III F.T.C., Haridwar, vide impugned judgment and order dated 18.01.2007, exonerated Kashi Ram of the charge levelled against him. Aggrieved against the impugned judgment and order, present criminal revision was filed by Beerwati (injured).
(3.) Pw1 Ved Pal was the informant of the case, who set the criminal law into motion against the accusedrespondent no. 2 by filing an FIR. PW1 said, in his FIR, that his sister Beerwati was married to Kashi Ram, who was having illicit relationship with his bhabhi (sister-inlaw) Palli. When his sister opposed his relationship with his sister-in-law, accused assaulted her. Beerwati came to her parental home. She remained there for about a year. Beerwati filed an application under Section 125 of Cr.P.C. for maintenance before Judge, Family Court, Haridwar. One of the relatives of Kashi Ram approached Beerwati and requested her family members to send Beerwati alongwith him. Kashi Ram said that if Beerwati comes back to her matrimonial home, he would accept Beerwati. Beerwati accordingly joined her matrimonial home. On 08.02.2004, at around 10:00 A.M., when Beerwati was in sugarcane field, Kashi Ram inflicted blow of palkati (sharp edged weapon) on Beerwati with the intention to kill her. Beerwati sustained grievous injuries. She was admitted to Government Hospital at Haridwar. She was referred to the higher center at Meerut. Report could, therefore, be lodged only on 10.02.2004, in as much as the complainant was busy in getting the medical aid provided to the injured.;


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