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1. The accused persons namely Amit, Jeetu and Vimla Devi are facing trial for the offence u/s. 308/323/341/34 IPC and accused Amit and Jeetu are also facing trial for the offence u/s. 354/509/34 IPC.

BRIEF FACTS

2. The case of the Prosecution is that on 14.08.2014 Smt. Shakuntala came to the police station K. M. Pur and made a statement that " on the intervening night of 13.08.2014 at about 11:00 PM when she was sitting with her nanad namely Sangeeta on a cot in front of her house, one person namely Pawan came on scooty and hit their coat; that thereafter accused Amit and Jeetu came from his house and started abusing them in filthy language and when they stopped him then accused Amit caught hold of her hand and threatened to teach her lesson and slapped her nanad Sangeeta upon which both of them ran inside; that on hearing the noise her husband Neeraj came outside of the house and Pawan, accused Amit, Jeetu and Vimla Devi caught hold of her husband and started beating him and caused injuries on his head; that when her father in law Sh. Ramesh came to their rescue they had also beaten him due to which he sustained injuries; that thereafter someone made call at 100 number". On the statement of complainant/ injured, the present FIR was registered against accused SC NO. 71/2020, FIR NO. 682/2014, PS. K. M. Pur State Vs. Amit & Ors. PAGE NO. 2 OF 26 GEETANJALI persons for the offence punishable u/s. 308/323/341/354/509/34 IPC.

3. On the basis of charge-sheet so submitted before Ld. Metropolitan Magistrate, cognizance was taken by the Ld. Metropolitan Magistrate and after compliance with the provisions of Section 207 Cr.PC, the case was committed to the Court of Sessions and was assigned to this Court.

CHARGE

4. After hearing arguments on point of charge and finding a prima facie case, requisite charges u/s. 308/323/341/354/509/34 IPC was framed against all accused persons to which they pleaded not guilty and claimed trial.

8. I have heard the Ld. Addl. PP for the State as well as Ld. Counsel for all the accused persons and perused the record.

ANALYSIS OF EVIDENCE AND FINDINGS

9. The accused persons namely Amit, Jeetu and Vimla Devi are facing trial for the offence u/s. 308/323/341/34 IPC and accused Amit and Jeetu are also facing trial for the offence u/s. 354/509/34 IPC.

9.1. Section 308 IPC deals with attempt to commit culpable homicide. The essential ingredients required to be proved in the case SC NO. 71/2020, FIR NO. 682/2014, PS. K. M. Pur State Vs. Amit & Ors. PAGE NO. 7 OF 26 Digitally signed by GEETANJALI GEETANJALI Date:

2025.08.21 16:23:22 +0530 conclusion that though Prosecution has successfully established that it was accused namely Amit, Jeetu and Vimla Devi who had beaten Neeraj Beniwal and his father Sh. Ramesh Beniwal but failed to established that that assault was made with such intention or under such circumstances that if by that act they had caused death, they will be guilty of culpable homicide not amounting to murder. In these circumstances, accused namely Amit, Jeetu and Vimla Devi cannot be convicted for the offences punishable u/s.308/34 IPC and the case falls under section 323/34 IPC. Accordingly they are acquitted of the offences punishable u/s. 308/34 IPC and convicted u/s. 341/323/34 IPC. Further the Prosecution has failed to prove its case beyond reasonable doubt that it was accused Amit and Jeetu who abused Sangeeta and Shakuntala in filthy language and accused Amit caught hold of her hand and also slapped Sangeeta. In these circumstances, accused namely Amit and Jeetu cannot be convicted for the offences punishable u/s. 354/509/34 IPC and accordingly they are acquitted of charge u/s. 354/509/34 IPC.