UMA NATH Vs. STATE OF DELHI

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 01.02.2013 and order on sentence dated 06.02.2013 vide which the appellants were convicted for offence under Section 308/34 IPC and sentenced to undergo rigorous imprisonment for a period of one and a half years each and fine of Rs.1000/- in default, to undergo simple imprisonment for two months in Sessions Case No. 14/2011 arising out of FIR No. 42/2010 under Section 308/323/324/452/506/120B/34 IPC, present appeal has been preferred.

(2.) The prosecution case succinctly stated, is as follows.

(3.) A complaint was filed by the complainant Ashok Kumar before learned Additional Chief Metropolitan Magistrate, District Court Rohini alleging therein that the accused persons are his neighbours. On 31.12.2008 on the eve of New Year some hot arguments took place between both parties on trifling issues but the matter was compromised with the intervention of common friends and neighbours. On 15.02.2009 again, the accused persons started quarrelling with the uncle and aunt of the complainant and when their behaviour was objected, the accused persons started hurling filthy abuses to them and also assaulted them physically in the street. Again on 08.03.2009 in the evening at about 5.30 pm in a pre- planned manner, the accused persons forcibly entered into the house of the complainant fully armed with iron rods. They attached the complainant and his family members with iron rods and sticks causing grievous head injuries to complainant and his brother who started bleeding. The matter was reported to the police by dialling 100 number.