POKHAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 22nd July, 2006 and Order on sentence dated 24th July, 2006 whereby the appellants were convicted under section 308 and 325 of the IPC read with section 34 thereof and were sentenced to undergo RI for four years each under section 308 of IPC and were further sentenced to undergo RI for one year each and to pay a fine of Rs. 200/- each and in default to undergo RI for one month each under section 325 of IPC.

(2.) THE case of the prosecution is that the complainant Rekha owed some money to her sister Seeta and that on 2nd November, 2003 at about 10. 30 P. M. when her sister Seeta demanded that money back, Shri Khem Singh, husband of the complainant, promised to return the money by 10th November, 2003. However, her brother-in-law Laxman and Pokhar Singh, nephew of her brother-in-law started abusing and beating her husband Khem Singh, insisting upon immediate repayment of the money that had been taken by Rekha from her sister. When the complainant tried to intervene Pokhar Singh held her husband whereas Laxman picked up a 'saria' which was lying nearby and gave a blow on the head of her husband Khem Singh. This is also the case of the prosecution that Pokhar Singh also picked up another 'saria' lying on the spot and gave a blow using that 'saria' on the right hand of the complainant.

(3.) THE complainant Rekha came in the witness box as PW 1 and stated that husband of her sister Seeta demanded back the amount of Rs. 1500/- which she had borrowed from her, she promised to return that amount by the 10th of the month. Laxman and Pokhar Singh who were present, who are the brother CRL. A. 727-728/2006 Page 2 of 9 and nephew respectively of her brother-in-law, thereupon gave beating to her husband with a 'saria'. According to the complainant, she was hit on her hand, whereas her husband was hit on his head.