ASHOK KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) BY the judgment dated 19th November, 2010 appellants have been convicted under Sections 452/308/34 Indian Penal Code, 1860 (IPC, for short). Appellant no.2 has been given benefit of The Probation of Offenders Act, 1958 by the trial court and has been released on probation of two years of good behaviour and to maintain peace, on furnishing personal bond of Rs. 30,000/ - with one surety in the like amount vide order on sentence dated 24th November, 2010. Appellant no.1, by the same order, has been sentenced to undergo three years of rigorous imprisonment under Section 452 IPC with a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment of three months; to undergo rigorous imprisonment of three years with the fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment of three months under Section 308 IPC. Both the sentences have been directed to run concurrently. Benefit of Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has also been given to appellant.

(2.) AGGRIEVED by the conviction as also the sentences awarded, appellants have preferred this appeal.

(3.) COMPLAINANT in this case is real sister of appellant no.1. Appellant no.2 is sister -in -law (wife of appellant no.1). Complainant alleged in the FIR that parties were embroiled in property dispute regarding partition of the property wherein she was living, that is, 3808/6, Kanhiya Nagar, New Delhi - 110034. This property was owned by the mother of appellant no.1. Complainant as well as appellant no.1 were living in same property in different portions. On 24th July, 2007 at about 2.00 p.m., appellant no.1 armed with a danda came along with appellant no.2 in the portion of the premises which was in the possession of complainant and asked her to vacate the same and when she refused, he gave beatings to her with the danda causing injuries on her person. She was removed to hospital.