ASHOK KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Impugned in the present revision petition is the judgment dated 06.01.2016 passed by learned Sessions Judge, Narnaul, vide which the appeal filed by complainant Vikas was allowed and the appeal filed by accused-petitioners was dismissed and the judgment of conviction 24.02.2015 and order of sentence dated 26.02.2015 passed by the learned Judicial Magistrate 1st Class, Mahendergarh, were modified to the extent that petitioners were sentenced to undergo rigorous imprisonment for 2 years each and to pay a fine of Rs. 5,000.00 each and in default thereof to undergo further rigorous imprisonment for 2 months each for the commission of offence punishable under Sec. 325 read with Sec. 34 IPC. The sentence of rigorous imprisonment of 6 months each for the commission of offence punishable under Sec. 323 Penal Code passed by the lower court was also maintained.

(2.) I have heard learned counsel for the petitioners and have also carefully gone through the case file.

(3.) The allegations against the petitioners-accused are that on 17.06.2009 at about 10.30 a.m. Vikas complainant was assaulted by all the three petitioners-accused. Ashok fired bullet below his knee and accused Bhim hit him with iron rod on left elbow, followed by axe blow on left side of his forehead and ear.