PARSURAM PANDEY Vs. STATE OF DELHI

JUDGEMENT

(1.) By way of the present appeal filed under Section 374 Cr.P.C. appellants challenged the judgment dated 10.08.2001, whereby they were held guilty for the offences punishable under Sections 307/323/34 IPC.

(2.) Further challenged the order on sentence dated 13.08.2001, whereby the appellants were sentenced to undergo RI for 5 years for the offences punishable under Sections 307/34 IPC with fine of Rs.1,000/- each and in default of fine, they were further directed to undergo SI for a period of two months. The appellants were further sentenced to undergo RI for six months for the offences punishable under Sections 323/34 IPC with fine of Rs.500/- each and in default of fine, they were further directed to undergo SI for a period of one month. Both the sentences were directed to run concurrently.

(3.) The facts of the present case in brief are that on 29.04.1997 one Rajkumar Pandey (hereinafter referred to as complainant) lodged a report with the Police Station Ambedkar Nagar which culminated into FIR No. 361/1997 that at about 7.30 pm on the same day when he had gone to purchase some vegetables, appellants along with one Kameshwar Tiwari came to his house and asked about him from his wife Laxmi Devi and daughter Sushma and gave beatings to them with fist and kick blows. Subsequently, on the same night at about 10.30 PM when the complainant along with his wife, daughter and brother-in-law Bijender Tiwari were sitting outside his house, appellants along with Kameshwar Tiwari and another person again came there and asked him to vacate the premises and said Kameshwar Tiwari and another person caught hold of the complainant and said that they would get the premises vacated from him on that very day.