- (1.) INSTANT application has been moved to recall order dated 16 -8 -2000 whereby Criminal Revision No. 108 of 1997, Smt. Manju Singh v. Tara Chand & Anr., was dismissed on 16 -8 -2000.
(2.) HEARD Sri Ashok Nath Tripathi, learned Counsel for the applicant and Sri Arvind Srivastava, learned Counsel for the opposite parties and have gone through the record. The fact of the case is that Smt. Manju Singh lodged F.I.R. against the opposite parties Tara Chand and his son Vijay Pal on 7 -5 -1993 at 9.15 p.m. at Police Station Kotwali Dehat, District Saharanpur, bearing Crime No. 212 of 1993 under Sections 323, 324 504 IPC containing the fact that on 7 -5 -2003 at 7.00 p.m. in furtherance of common intention of both the opposite parties the O.P. No. 2 Vijay son of O.P. No. 1 Tara Chand caused injuries with Knife on abdomen of her husband Dharam Sen and other injuries were also caused with intention to commit his murder. After the F.I.R. was lodged medical examination of Dharam Sen was got done in Bhel Main Hospital, Ranipur, Hardwar on 7 -5 -93 at 7.30 p.m. and following injuries were found on his body: (1) Incised wound 6.0 cm x 1.0 cm x depth not probed on front upper part of abdomen 8.0 cm below the epigastric notch. Fresh bleeding present. Margins clean cut. Referred for urgent surgical operation. (2) Abraded contusion 5.0 cm x 2.0 cm back of left fore -arm 10.0 cm below the elbow joint. (3) Complaint of pain in right arm.
(3.) INJURY No. 1 was kept under observation. Dharam Sen was admitted in Bhel Main Hospital, Ranipur, Hardwar, in surgical Ward on 8 -5 -1993 at 1.15 a.m. He was immediately operated and operative findings were as below: (1) Incised wound 2" long in the epigastric region placed transversely. (2) On explanation the above mentioned wound was found to be deeper and the peritoneum was torn and greater omenturn coming through it. (3) No injury to abdominal viscera. ;