(1.) THIS is an unfortunate case of sons assaulting their father. The petitioners have been convicted under Sections 323/34 IPC on the basis of a complaint by their father rashid Ali for having assaulted him.
(2.) THE judgment and order dated 26. 10. 2004 passed by the learned Additional sessions Judge, New Delhi in Criminal Appeal no. 14/2004 is impugned in this revision petition. By the impugned order dated 26. 10. 2004, the petitioners' appeal, against the order of conviction dated 22. 2. 2003 and order on sentence also dated 22. 2. 2003 passed by the learned Metropolitan magistrate, was dismissed. The learned metropolitan Magistrate had convicted the petitioners for offences under Sections 323/ 34 IPC but, after having noted the circumstance that the accused were the sons and the complainant was the father and that the latter had grown quite old and had acquired a quarrelsome personality and that no similar incident had occurred again, thought it fit not to send the petitioners to jail and directed the release on probation of good behaviour for a period of six months on furnishing personal bonds / surety bonds in the sum of Rs. 5000/- each. Apart from this, the petitioners were directed to pay compensation in the sum of Rs. 2000/- to the complainant.
(3.) THE brief facts, as indicated in the impugned order, are that the complainant (Rashid Ali) resided at House No. 36-A, Zakir nagar, Gali No. 21, Okhla. He had strained relations with his sons, namely, Shakir Ali, mujahid Ali, Sharik and Mushahid Ali. All of them lived in the same house but separate from their father i. e. , the complainant. On 09. 07. 1993 at about 11. 30 p. m. all his sons are alleged to have given a beating to the complainant mercilessly but he did not make any complaint to the police as he was not in a condition to go to the police station. According to the complainant, his said sons gave him a beating at the instance of his wife Mrs Mehar Jahan. Apparently the police received a DD No. 42 at 12. 27 a. m. on 10. 07. 1993. The complainant was sent to all India Institute of Medical Sciences where he was medically examined. As per the X-ray report there was a fracture on the right wrist of the complainant. Thereafter the case was investigated. A charge sheet was filed against the accused. However, charges were framed only against the sons i. e. ,. Shakir Ali, Mujahid Ali, Sharik and Mushahid ali. Mrs Mehar Jahan was discharged.