KAMRUDDIN @ GUDDA Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 07.04.2015 of learned Additional Sessions Judge in Sessions Case No. 126/2014 arising out of FIR No.166/2010 PS Pandav Nagar by which the appellants were convicted under Sections 325/323/341/34 IPC, they have preferred the appeals. By an order dated 29.04.2015, the appellants were sentenced to undergo RI for four years with fine Rs. 60,000/- each under Section 325/34 IPC; RI for one year with fine Rs. 1,000/- each under Section 323/34 IPC and SI for one month with fine Rs. 500/- each under Section 341/34 IPC.

(2.) Briefly stated, the prosecution case as set up in the chargesheet was that on 13.05.2010 at about 03.15 p.m. when Guddi was going to a grocery shop, the appellants met and pressurized her to take back the case relating to her brother. When Guddi declined to do so, the appellant Chunmun took out an iron pipe; Kamruddin took out a danda and they both attacked her. As a result, she sustained injuries on her head, left eye and right leg. Rubina and Reena (her daughters) and Shabana (her sister) when came to rescue her, they were also beaten by the appellants. First Information Report was lodged. During course of investigation, both the appellants were arrested. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the appellants. Vide order 02.05.2011, they were charged under Sections 341/308/325/323/34 IPC to which they pleaded not guilty and claimed trial. The prosecution examined fifteen witnesses to prove its case. In 313 Cr.P.C. statements, the appellants denied their involvement in the crime and pleaded false implication. They did not examine any witness in defence. The trial resulted in their conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeals have been preferred.

(3.) During the course of arguments, the appellants opted to give up challenge to the findings on conviction. They, however, prayed to take lenient view and release them for the sentence already undergone by them. They offered to pay reasonable compensation to the complaint / victims.