A and b share a common boundary of their field and b has problem regarding the path leading to the field of a .about ten days back while a along with his wife was suddenly attacked by b and his wife. wife of b hit wife of a with a sharp edges weapon (spade) while a and b were engaged in fist fight. hearing the commotion two people working in nearby field came running to separate them in the meantime wife b fell to the ground after being hit bleeding.wife of b sat on the fallen woman and started giving blows allover her body . neighbour came and separated them while being separated wife of b pulled out a ear ring with force causing injury to her earlobe and took away the ear ring also.victim was taken to the hospital.wound on the head was stiched and m l r was prepared three injury were mentioned.(a) simple injury on head with blunt weapon (b) tear mark on earlobe (c) abrasion on allover body . police charged them under crpc 107/151 and granted bail .why an injury with sharp weapon was mentioned with blunt weapon and left so lightly is best known to them.now the victim is depressed and feels helpless can you please suggest some legal remedy so that some justice is done to the victim.thanks
what further acton need to be taken by victim to get some justice
What should be done to get some justie
What more should I ask
1. the Police seems to be lenient to either of the party and hence no serious case is filed.
2.If you are aggrieved then you can lodge complaint with police under section 323.326,509, 339 IPC.
3. If police does not take any action then filed petition u/s156(3) crpc beofre the Magistrate. You would get necessary reliefs.
meet a lawyer for this.
Accused should have been charged with offence under section 323 ofIPC
As per Section 323 of the Indian Penal Code, “Whoever, except in the case provided for by Section 334, voluntarily causes hurt shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.”
complainant should complaint o commissioner of police against officers of local police station
Mention that she was assaulted with blunt weapon and as result suffered injury and offence under section 323 of IPC should have been lodged against accused
though victim was hit on the head with the blade of spade causing wound 3 to 4 cm long and 1 to 1.5 cm deep requiring stiches but in m l r doctor has recorded simple injury caused by blunt weapon. any remedy for this.thanks
1, In these circumstances the accused is liable to be prosecuted for the offence under section 326 IPC.
2. Since the grievance of the victim is that police is proceeding according to the law she can file a private criminal complaint under section 200 CrPC whereupon the court may after recording her pre-summoning evidence summon the accused.
The earlier report cannot be changed now.
FIR has been lodge based on injuries mentioned by doctor in his medical certificate
If doctor certificate does not reflect nature of injuries you can consult another doctor and obtain certificate as to nature of injuries suffered by you
Submit said medical report to IO
why an injury with sharp weapon was mentioned with blunt weapon and left so lightly is best known to them.now the victim is depressed and feels helpless can you please suggest some legal remedy so that some justice is done to the victim.thanks
The victim should preserve the medical reports and at a later stage after the police files the charge sheet, she may file a petition before the concerned court seeking for re-investigation under section 173(3) cr.p.c. and to include the other offences committed by the accused.
what further acton need to be taken by victim to get some justice
She can file a petition seeking further investigation as per the procedures laid down in the criminal law on this.
What should be done to get some justie
Since a complaint is lodged with police, you have wait for the outcome of the investigation carried out by the police and the report submitted by them before the concerned court in order to ascertain that whether you have got justice or you are pushed to seek justice through court.
What more should I ask
You can ask anything in this regard.
You can make sure that if the opposite party has filed a counter case agaisnt you, if so you may plan to defend your interests on that count too.
though victim was hit on the head with the blade of spade causing wound 3 to 4 cm long and 1 to 1.5 cm deep requiring stiches but in m l r doctor has recorded simple injury caused by blunt weapon. any remedy for this
As per you the injuries, if so grievous may not have healed so soon, hence you may take her to a private hospital get her treated by reporting them the incidence.
Their discharge summary would reveal the nature of injury which would be helpful to you to give evidence during prosecution..