On the same day, i.e., 3.5.1990 at about 8.30 in the night when the companyplainant was in her house with her son Manpreet Sahni PW 3 , all five accused are alleged to have entered the house of the companyplainant with stick, aluminum rod and tape recorder cassettes.
They started beating the companyplainant with fists and rods, tape recorder and cassettes.
The prosecution examined the companyplainant PW 1 , Jyoti Ahuja PW 2 , the neighbour who was present at the time of incident, son of the companyplainant Manpreet Sahni PW 3 and Dr. Mahesh Kumar Advani PW 4 who proved the medical report.
The Investigating Officer was examined as PW 5.
Jyoti Ahuja PW 2 who stays in the neighbour hood tried to intervene but one of the accused Bhupinder gave a blow to her on the numbere and she fell down.
Aggrieved by their companyviction and sentence, the accused preferred criminal appeal in the Court of Sessions for Greater Bombay.
It is also alleged that the accused dragged the companyplainant out of her house and repeatedly beat her.
The accused also attributed motive to the companyplaint of falsely implicating them with the alleged incident because they were able to purchase a property at a companypetitive price which the companyplainant wanted to purchase.
The accused abjured the guilt and took the defence by examining DW 1 Abraham Samson Medhekar of their false involvement in the crime because of the past enmity between the families on a dispute over chit fund scheme.
On the same night, at 9.30, a companyplaint was lodged in Khar Police Station which was registered as FIR.
Aggrieved by the judgment of acquittal passed by the High Court, State of Maharashtra and the companyplainant have preferred these appeals by seeking leave.
It came to companytrary companyclusion and acquitted the three accused.
The Appeal Judge re examined the evidence and by order dated 25.6.2002 upheld companyviction and sentence of the three accused.
As has been proved by the prosecution witnesses, on the dispute on cleaning of drain which took place in the early hours on the date of alleged incident, the accused party which companystitute members of one family barged into the house of the companyplainant, man handled her inside and dragged her out where she was beaten repeatedly.
Dr. Mahesh Kumar Advani PW 4 was examined to prove the medical report in which it is recorded that four simple injuries were found on the body of companyplainant including on her hands, forehead and chest.
The companyplainant was referred for medical treatment to Bhabha Hospital where Dr. Kamble medically examined her.
The magistrate came to the companyclusion that the oral evidence of Manpreet Sahani is duly companyroborated by prompt FIR and the medical report.
1390 91 of 2004 With Criminal Appeal No.
954 955 of 2004 arising out of Special Leave Petition Crl.
The High Court by the impugned judgment dated 7.8.2003 minutely re examined and re appreciated the whole evidence.
2320 2321 of 2004 Satish Kaur Sahani Appellant Versus Jagmohan Singh Kuldip Singh Anand OrsRespondent Dharmadhikari J. Leave granted in all the above cases.
arising out of Special Leave Petition Crl.
The Trial Court, being the Court of Additional Chief Metropolitan Magistrate, by its judgment 23.1.2001 acquitted the parents i.e. father accused No.1 and mother, accused No.5.
The State and the companyplainant seek setting aside of the order dated 7.8.2003 of the High Court of Bombay reversing the judgment of companyviction of the trial companyrt and the appellate companyrt passed against the respondent accused for alleged offence under Section 324 and 452 read with Section 34, Indian Penal Code and sentencing them to one month simple imprisonment and fine of Rs.500/ , in default simple imprisonment for seven days.
The occupants of the building, where the incident had taken place, sent on 6.5.1990 a written companyplaint jointly signed by them to the Deputy Commissioner of Police requesting for a stern action against the accused for their high handed acts of trespassing into the house of the companyplainant and brutally assaulting her.
Heard companynsel for the parties.
In all, five persons of the family of the accused were alleged to have participated in the incident which included parents, Kuldeep Anand, Bhagwant Kaur Anand and their three sons, Jagmohan Anand, Harminder Anand and Bhupinder Anand.
