Saraswati Devi vs State Through Incharge P/S Domana ...
2021 Latest Caselaw 628 j&K

S.no. 204                      HIGH COURT OF JAMMU AND KASHMIR
After Notice
Cause List                                 AT JAMMU
                                    (Through Video Conferencing from Srinagar)
                                                   ...
                                          CRR no.41/2013

        Saraswati Devi                                                     ....... Petitioner(s)
                                                    Through: Mr Sachin Gupta, Advocate

                                                Versus
        State through Incharge P/S Domana & others                     .........Respondent(s)
                                                    Through: Mr Aseem Sawhney, AAG

        CORAM:
                       HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                              ORDER

28.06.2021

1. Impugned in this revision petition is Order and judgement dated 4 th

February 2011, passed by the Excise Magistrate, Jammu (for short

"Trial Court") in Challan, bearing File no.09/Challan titled State v.

Hans Raj and others, on the grounds mentioned therein.

2. Heard and considered.

3. As is coming to fore from perusal of the file that on 22nd February 2005,

statement of Smt. Saraswati Devi (petitioner herein) was recorded, in

which she deposed that on 21st February 2005, accused no.1 started

abusing her and her relatives and that on next date, i.e., 22nd February

2005 at about 8.00 AM when she went to market at Muthi for buy

household, accused no.1 stopped her and beat her by inflicting fist

blows as also by inflicting beating with a wide piece of wood having

sufficient width. It was also deposed by her that accused also caused

substantial loss of the windows pans/glasses of house of complainant

and when complainant raised hue and cry, few persons reached on spot

and on seeing them, accused persons ran away from the spot. This

CRR no.41/2013

resulted in lodgment of case FIR no.29/2005 under Section 323, 341

RPC. Investigation was conducted which culminated in finding

accused persons liable of offences punishable under Sections 341, 325,

336 & 427 RPC. On 21st October 2005, accused were formally charged

for commission of offences. Prosecution recorded 07 witnesses out of

08 witnesses.

4. The Trial Court dealt with and discussed statement of all prosecution

witnesses and found infirmities in the case of prosecution case. It may

be mentioned here that Trial Court has rightly and correctly evaluated

and appreciated the evidence and statement of witnesses.

5. The grounds taken in revision petition on hand relate to facts and

circumstances of the case, which have been elaborately discussed by

the Trial Court while rendering impugned order/judgement. There is

no patent defect or an error of jurisdiction of law in impugned order. In

that view of matter, impugned order/judgment does not call for any

interference and as a consequence of which, revision petition on hand

is liable to be dismissed.

6. For the reasons discussed above, the instant revision petition is

dismissed with connected CM(s). Interim direction, if any, shall stand

vacated.

7. Trial Court record, if any summoned/received, be sent down along with

copy of this order.

(Vinod Chatterji Koul) Judge Jammu 28.06.2021 Ajaz Ahmad, PS