- (1.) Prayer in this criminal revision petition is to set aside the judgment dated 18.08.2011 passed by learned Additional Sessions Judge, Gurgaon whereby the appeal filed by the petitioner-Tilak Raj was dismissed. Prayer has also been made to set aside the judgment of conviction and order of sentence dated 14.12.2009 whereby the petitioner Tilak Raj and three more persons, namely, Nanak, Smt Sarla and Smt. Chanderwati were held guilty for the offences punishable under Sections 323, 325, 326 read with Section 34, IPC and were awarded the sentence of rigorous imprisonment for one year under Section 323, IPC; and rigorous imprisonment for three years under Sections 325 and 326 read with Section 34, IPC. Both the sentences were ordered to run concurrently. The convicted persons were further ordered to pay fine of Rs.2000/- each. In default of payment of fine, the convicts were ordered to further undergo rigorous imprisonment for one month. The fine was paid by the convicts before the learned trial court.
(2.) Nanak convict stated to have died during the pendency of the appeal while Smt. Sarla and Smt.
(3.) Chanderwati convicts were acquitted by the learned Additional Sessions Judge, Gurgaon, in appeal. However, the conviction of petitioner Tilak Raj was maintained but his substantive sentence was modified as under:- "Under Section 323 I.P.C from one year to six months; under Section 325 I.P.C from three years to one year; and under Section 326 I.P.C from three years to two years. However, the order of payment of fine remain undisbursed.";