PAVITRA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition preferred by convict Pavitra Devi who was initially found guilty for commission of offences under Sections 323/324/326 IPC and was sentenced under Section 326 IPC to undergo simple imprisonment for 3 years and to pay a fine of Rs. 3,000 and in default of payment of fine to further undergo simple imprisonment for 3 months; under Section 323 IPC to undergo simple imprisonment for 6 months and to pay a fine of Rs. 500 in default whereof to undergo simple imprisonment for 15 days, whereas under Section 324 IPC to undergo simple imprisonment for 1 year and to pay a fine of Rs. 1,000 and in default to undergo simple imprisonment for 1 month vide judgment of conviction dated 24.02.2012 and order of sentence dated 25.02.2012 passed by the Court of learned Judicial Magistrate 1st Class, Rewari.

(2.) ON appeal, the same was dismissed vide judgment dated 08.01.2015 of learned Additional Sessions Judge, Rewari with modification regarding her co -appellants. The same is subject matter of this invocation in terms of Section 401 Cr.P.C.

(3.) THE factual findings that it was on 12.12.2004 around 8.30 p.m. complainant Navraj along with his son injured Kanwar Singh and Om Parkash friend of his son were at their house when their neighbour accused Devender and his wife Pavitra present revisionist assaulted them. Leaving aside the role of the co -accused, it is alleged that Pavitra armed with an axe caused injury on the right hand of the complainant Navraj and when his son Kanwar Singh and friend of his son Om Parkash intervened, Pavitra besides others caused injuries to them. The main contention is over the injury caused by Pavitra by means of axe to Om Parkash (sic, in fact Kanwar Singh) on the bridge of his nose. After registration of the FIR and necessary formalities, on submission of Challan, prosecution examined 10 witnesses and proved various documents.