SUBHASH CHANDER AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge is to the judgment dated 11.04.2014 passed by the Additional Sessions Judge, Fazilka, whereby he upheld the judgment of conviction and order of sentence dated 18.11.2013 passed by the Judicial Magistrate Ist Class, Fazilka.

(2.) The trial Court, vide judgment dated 18.11.2013 convicted the accused-petitioners under Sections 325, 323 read with Section 34 IPC and sentenced them as under:- Under Sections Period of Sentence 325/34 IPC Rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/- each. 323/34 IPC Rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- each.

(3.) Brief facts of the case are that the F.I.R was registered on the statement made by Manjit Kaur-complainant with the allegation that on 05.03.2010 she heard some noise from the house of her father-in-law, which is situated near her house. When she visited there, she found that her brother-in-law Subhash Chander, Bhagwan Dass and Bashishar Ram (petitioners) were arguing with her father-in-law and demanding their share from the property. She intervened in the matter. In this process, her brotherin- law Subhash Chander gave a dang blow, which hit on the left side of her head. Bashishar Ram gave a fist blows on her nose and Bhagwan Dass gave fist blow on her left ear. Thereafter, Bhagwan Dass gave a sota blow, which hit on the backside of her left hand. Subhash Chander gave a dang blow on her left ankle. Bashishar Ram again gave sota blow on the toe of her right foot. On raising alarm, her father-in-law Lal Chand and husband Madan Lal saved her from the accused. Thereafter, all the accused-petitioners ran away from the spot. Her husband got her admitted in Civil Hospital, Fazilka. After investigation, challan was presented and the charges were framed under Sections 323, 325 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.