TEK CHAND Vs. NITYANAND & ORS

JUDGEMENT

(1.) Concisely, the facts & material, culminating in the commencement, relevant for deciding the instant petition, for special leave to appeal u/s 378 (4) Cr.PC and emanating from the record, are that, a criminal case was registered against the private respondents-accused, vide FIR No.44 dated 2.3.1999, on accusation of having committed the offences punishable under Sections 323 and 325 read with Section 34 IPC by the police of Police Station Sadar Rewari.

(2.) Having completed all the codal formalities, the trial Court convicted and sentenced convict Mahadev to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2000/- for the commission of offence punishable u/s 325 IPC, whereas convicts Nityanand, Dayanand and Ami Chand were convicted & sentenced to undergo RI for a period of six months each, to pay a fine of Rs.1000/- each and in default of payment of fine, they were ordered to further undergo simple imprisonment for a period of 15 days u/s 325/34 IPC. All the convicts were further convicted and sentenced to pay a fine of Rs.500/- each and in default of payment of fine, they were ordered to undergo simple imprisonment for a period of 15 days u/s 323 IPC, by virtue of judgment of conviction dated 23.5.2007 and order of sentence dated 24.5.2007.

(3.) Aggrieved by the judgment of conviction & order of sentence, the respondents-convicts filed the appeal. Although the first appellate Court maintained the conviction of the private respondentsconvicts, however, they were released on probation, by way of impugned judgment dated 3.2.2010.