JUDGMENT :

Jasjit Singh Bedi, J.

The present appeal has been filed against the judgment of acquittal dated 26.07.2004 passed by the Additional Sessions Judge, Fast Track Court, Hisar.

2. The FIR was registered on 22.09.2001, the judgment of acquittal passed by the Addl. Session Judge, Fast Track Court, Hisar is dated 26.07.2004, the appeal was filed on 07.10.2004 and the matter is being taken up for hearing now after 23 years of the registration of the FIR.

3. The appeal qua respondent Nos.l and 2 stand abated since they have passed away and survives against respondent No.3 namely Bimla W/o Bahadur Singh.

4. Briefly, the case of the prosecution is that ASI Balbir Singh recorded the statement of Ram Dulari widow of Manphool Singh, caste Kumhar resident of Khan Bahadur, Police Station, Barwala, aged 42 years to the effect that she was a resident of the aforesaid address and a widow. She had three daughters and one son. The eldest daughter was married and the son who was younger to her was studying at village Kirtan. Daughters Sunita aged 13 years and Shakuntala aged 11 years resided with her in the village. Her father-in-law owned 9 acres of land but nothing had been given to her and she worked as a labourer. Her father-in-law and jeth wanted to disposses her from her house. An earlier litigation against her jeth Bahadur etc. was also pending in which she was a witness. On 21.09.2001 at about 4.00 p.m., when she was preparing cow dung cake in her house, Bahadur Singh son of Moman Ram armed with a Kulhari, Moman Ram son of Sukh Ram armed with lathi, Luxmi wife of Moman Ram armed with a lathi and Bimla wife of Bahadur armed with a lathi, came there and asked whether she would appear as a witness against them. She stated that she would give a true statement in the court. At that time, her daughters Sunita and Shakuntala were also present there and her 'Samdhi' (father-in-law of her daughter) Amar Singh had come to their house. On refusing to back out as a witness in court, Bahadur gave a kulhari blow on her head, Moman gave a lathi blow on her back, Luxmi gave two lathi blows, one on her left thigh and lower part of her leg below the knee, whereas Bimla gave a lathi blow on her right shoulder. Then she fell down on the ground and her daughters and samadhi Amar Singh cried for help and several persons came to the spot. Bahadur Singh etc. left the place of occurrence with their weapons stating that she had been saved by the villagers and in future she would be killed. She was taken to her house by her samdhi, daughters and other women folk of the village and Amar Singh informed her brother Rohtash, who admitted her in Civil Hospital, Hisar.

5. On the basis of aforesaid statement of the complainant, FIR No. 230 at Police Station, Barwala dated 22.09.2001 under Sections 323/324/506 IPC was registered. After completion of the investigation, challan U/Ss 323/324/506/307 IPC read with Section 34 of the IPC was filed in the court.

6. After committal of the case, on finding a prima facie case against the accused, charge under Sections 307/323/506/34 IPC was framed against all the accused on 20.12.2001 to which all the accused pleaded not guilty and claimed trial.

7. In order to prove its case, the prosecution examined the following witnesses:-

8. PWs namely Constable Santosh Devi, Constable Nirmala Devi, Constable Ram Kishan and Rohtash were given up as unnecessary by the PP, whereas PWs namely Shakuntala and Sunita were given up on the police request mark A as having been won over by the accused persons.

9. The prosecution in order to prove its case tendered the following documents:-

1. Ex. PA Scaled site plan

2. Ex. PB Rukka

3. Ex. PB/1 Police proceedings.

4. Ex. PC Copy of FIR No. 230 dated 22.9.2001.

5. Ex. PD Photocopy ofFIRNo. 41 dated 10.2.2001.

6. Ex. PE Rukka Doctor.

7. Ex. PF Rough site plan of the place of occurrence prepared by I. O.

8. Ex. PG Application for opinion of doctor.

9. Ex. PG/1 Opinion of doctor.

10. Ex. PH Sketch of lathi (stick)

11. Ex