SURJIT KAUR Vs. FAUJA SINGH

JUDGEMENT

(1.) This Revision Petition is directed against the judgment dated 5.1.1998 passed by the learned Sessions Judge, Solan whereby while maintaining the conviction of the respondent - accused (herein -after referred to as the accused) under Section 323 read with Section 34 of the Indian Penal Code as recorded by the learned Sub Divisional Judicial Magistrate, Kandaghat, has enlarged the accused persons on probation.

(2.) Case of the prosecution, in brief, is that on 9.9.1992 at about 1.30 PM at M.E.S. Colony Kasauli one Surjeet Kaur an employee in M.E.S. was spreading clothes for the purpose of drying. As soon as she got inside her house she was asked by the accused persons to return the letter allegedly written by one Banti to her daughter Manmohan. PW -2 Surjit Kaur however refused to return the letter. On this all the accused came to the court -yard of the residence of Surjit Kaur and used filthy language against her. She was caught hold of by Rajinder Kaur and was struck by an iron rod by accused Fauja Singh. Accused Rajinder Kaur also gave her a blow with an iron rod on the left leg. She was saved by her daughters Paramjit Kaur and Manmohan Kaur who at that time returned from the School. The alleged tracepass and beating as aforesaid is alleged to be as a result of the common intention of the accused persons. The learned trial Magistrate vide his judgment dated 20.9.1997 found the accused guilty of the commission of an offence punishable under Section 323 read with Section 34 of the Indian Penal Code and accordingly convicted and sentenced them to undergo simple imprisonment for a period of one month each.

(3.) Feeling aggrieved the accused persons preferred an appeal in the Court of learned Session Judge, Solan who maintained the conviction and directed the release of the accused persons on probation as aforesaid.