- (1.) Petitioners Roshni Devi and Hem Raj have filed the present revision petition against judgment dated 24.12.2014 passed by learned Additional Sessions Judge (FTC), Rupnagar whereby their appeal against the judgment dated 8.4.2013 passed by learned Sub Divisional Judicial Magistrate, Anandpur Sahib, was dismissed. Vide judgment dated 8.4.2013, learned Magistrate acquitted the accused, respondents No.2 to 4 herein, of the charge framed against them by giving them the benefit of doubt.
(2.) Briefly stated, an FIR No.55 dated 19.6.2008 under Sections 323, 341 and 506 read with Section 34 IPC was registered against the respondents-accused at Police Station Nurpur Bedi, District Rupnagar. As per said FIR, on 17.6.2008 complainant Roshni Dvi got her statement recorded to the police that her husband and her son have gone to Kuwait. On that day, she and her son Hem Raj went to prepare their fields for sowing maize crop. Her brother-in-law (Jeth) Tirath Ram has his adjoining field, who had demolished the dividing line and her son tried to make it in straight line. In the meantime, accused Tirath Ram having spade, his son Ram Kumar having spade and his other son Radhey Sham having a Danda came there and started beating Hem Raj. Satya Devi wife of Tirath Ram also came there and threw the complainant on the ground by pulling her hairs.
(3.) It has further been alleged that when the complainant and her son were coming towards their house, they were wrongfully restrained by the accused who threatened that they would kill them and they snatched ear ring of the complainant. The motive behind this occurrence is land dispute and the accused want to take forcible possession. The matter was investigated and report as provided under Section 173 Cr.PC was produced in the Court. As required under Section 207 Cr.PC, copies of Challan were supplied to the accused free of cost and charge under Sections 341, 323 and 506 IPC was framed against the accused to which they did not plead guilty and claimed trial. In order to prove its case, the prosecution examined as many as five witnesses, namely, complainant Roshni Devi as PW1, Hem Raj as PW2, HC Kulwinder Singh as PW3, Dr. Sunil Kumar Pathak as PW4 and ASI Jaspal Singh (retired) as PW5.;