Hi Sir,
One of our neighbors attacked my brother in our village at our premises. The hand bone of my brother got broken near the elbow. At that time my father was present at a distance of 20 yards from the site of incident. He tried to catch the assailant, but he ran away.
My father, my sister-in-law & my brother went to the nearest police station to lodge a complaint against our neighbor. The police registered FIR and asked us to take medical attention to get a medical certificate (MLC). The police added my father’s name as eye-witness & the another village person’s name as independent witness, who saw the incident from a very far distance.
My father, sister-in-law and my brother went to the government hospital and admitted my brother there. The MLC report came stating that my brother got hit with a blunt weapon which is the cause of hand fracture.
The investigating officer filed a charge sheet against our neighbor under section IPC-326. Trial was started. My brother is the PW1, my sister-in-law is PW2, my father is PW3 and the other village person is PW4. The trial got completed. The account given by PW1, PW2 and PW3 were same. The doctor, who treated my brother, the investigating officer, also maintained their investigation reports in court favoring us.
But the independent witness whom police added as PW4 said that he did not see anything.
Munsif (Magistrate) closed the case in favour of my neighbor based on the independent witness statement.
We have strong medical evidence and we have my father as the eye witness.
· Why the case got closed in favour of my neighbour?
· Is the victim’s father being eye-witness applicable in IPC-326?
· If we appeal in next-level court, can we get justice there?
Please advice on the same.
Thanks,
RAghu.
