GUDDI Vs. DHARMPAL AND OTHERS

JUDGEMENT

(1.) THIS revision is against the judgment dated 27.11.2012 whereby the Addl. Sessions Judge, Hisar (Annexure P1) has upheld the conviction and modified the sentence by releasing the appellant on probation. A complaint was got registered on the statement made by Guddi that her husband along with 6 brothers and 2 sisters were having a dispute qua the property between family members. On 25.9.2012 a compromise regarding the house was effected. Thereafter, in the morning at about 7.00 a.m. her brother -in -law namely Dharmpal, Maina, her sister -in -law, Radhey Shyam, her brother -in -law, Lichma, wife of Radhey Shyam, Subhash son of Dharmpal, Lichma wife of Subhash, Suraj Bhan son of Dharmpal, Gobind, sister -in -law Chandrawali and Ram Singh brother -in -law came in front of her house having lathis in their hands in furtherance of their common object and raised an alarm to teach her a lesson for effecting a compromise with Jhaman. They started abusing her. When she asked them not to do so, then they entered into her house. Subhash son of Dharmpal hit her with lathi on her right hand. Her brother -in -law namely Radhey Shyam hit her with a lathi on the wrist of her left hand. She made a noise, on hearing the noise her husband Dalip, brother -in -law Norang Ram and her son Budh Ram came there. The accused caused injuries to them also. In the meantime, several persons from the village came there and after seeing them the above named accused while threatening them ran away from the spot.

(2.) THE challan was presented after completing the investigation and the accused was charge -sheeted for the offence punishable under Sections 148, 323, 325, 452 read with Section 149 IPC vide order dated 5.6.2003.

(3.) STATEMENTS of accused were recorded under Section 313 Cr.P.C. wherein they denied the prosecution allegations and pleaded innocence.