IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

245 CRR-3666-2012 (O&M)

Date of decision: 30.10.2025.

BALWINDER KAUR ...Petitioner(s)

VERSUS SANJEEV KUMAR AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Arnav Sood, Advocate, for the petitioner.

Mr. Vivek Chauhan, Addl. A.G. Haryana.

VINOD S. BHARDWAJ, J. (Oral)

CRM-69097-2012 Prayer in the present application is for condonation of delay of

25 days in filing the revision petition.

For the reasons set out in the application, the same is allowed and delay of 25 days in filing of the present revision petition is condoned.

CRM-69098-2012 Application is allowed as prayed for subject to all just exceptions.

Main case Aggrieved of the judgment dated 22.09.2011 passed by the Chief Judicial Magistrate, Panchkula in criminal case bearing No.RBT 214/1 of 2010 arising out of FIR No.152 dated 26.12.2004, under Sections 323, 325, 34 and 452 of the Indian Penal Code, 1860, registered at Police Station Kalka, District Panchkula whereby the respondents No.1 to 3-accused had been acquitted of the charges framed against them as well as against the subsequent dismissal of Criminal Appeal bearing No.32 dated 19.10.2011, by the Sessions Judge, Panchkula vide judgment dated 04.07.2012, the present revision petition has been filed.

2 Succinctly, the facts of the present case are that on 25.12.2004, a telephonic message was received in the Police Station with regard to admission of the complainant Balwinder Kaur in the Civil Hospital, Kalka upon which HC Rajpal went there and sought the opinion of the doctor for recording of the statement, however, complainant was declared unfit to make a statement. Thereafter, on 26.12.2004, a telephonic message was received from the PGI, Chandigarh regarding admission of Balwinder Kaur, upon which HC Shamsher Singh along with other police officials went to the PGI, Chandigarh and recorded the statement of Balwinder Kaur after taking opinion of the doctor. Accordingly, statement of complainant-injured Balwinder Kaur Ex. PW2/A was recorded to the effect that she is resident of Upper Mohalla, Kalka. On 25.12.2004, at about 7.00 p.m., when she was present in her house, the accused Sanjeev, Ashu and Vishal, with whom certain litigation had been pending in the Court, entered her house, armed with Knife and Dandas and caused injuries to her. She raised hue and cry upon which sister of the complainant-injured namely Rajinder Kaur came there. She saved the complainant from the clutches of the accused persons who thereafter fled from the spot. Thereafter, investigation was conducted; site plan was prepared, statements of witnesses were recorded and final report under Section 173 Cr.P.C. was thereafter filed against the respondents No.1 to 3-accused persons.

3 On appearance of the accused, documents as envisaged under Section 207 Cr.P.C. were supplied and charge was framed to which the accused pleaded not guilty and claimed trial.

4 After framing of charge, prosecution evidence was led. After completion of evidence, statements of accused under Section 313 Cr.P.C. were recorded. The accused denied the prosecution allegations and pleaded false implication.

5 In defence evidence, documents Ex.D1 to Ex.D7 and Mark-A to Mark-C were tendered and defence evidence was closed.

6 On considering the submissions advanced by the respective counsel and going through the documents and evidence brought on record, the trial Court recorded its finding that the prosecution had failed to prove its case against the accused beyond shadow of reasonable doubt and acquitted the respondents No.1 to 3-accused of the charges framed against them. The relevant extract of the judgment passed by the trial Court reads thus:-

“10. After hearing learned PP for the State, learned defence counsel and going through the evidence which has come on record, it is observed that complainant Balwinder Kaur while appearing as PW2 has stated that at about 08.00-09.00 p.m., accused entered into he