- (1.) The present appeal is against the judgment of conviction dated 25.11.2010 and order of sentence dated 26.11.2010 passed by the Sessions Judge, Rewari convicting the appellants as under :- U/S Sentence 452 IPC For the offence committed under this Section, the convicts are sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1,000/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for a period of one year. 323 IPC For the offence committed under this section, the convicts are sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for a period of one and half months. 307 IPC For the offence committed under this section, the convicts are sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,000/-each. In default of payment of fine, they shall further undergo rigorous imprisonment for a period of one year and three months.
(2.) As per prosecution on 21.10.2009 Pardeep Kumar complainant had come on one month's leave. On 6.11.2009 at about 7/8 PM the complainant alongwith his father and mother was watching TV while sitting in the room. In the meantime, Jitender son of his paternal uncle Ram Avtar came inside to remove some misunderstandings, occurred with his daughter-in-law Sunita. Jitender's brother Mahesh, who was standing outside, came inside. When Sunita entered into the room Mahesh Kumar got enarged and slapped her. The complainant got up to save Sunita from Mahesh Kumar. Shri Bhagwan threw red chilly powder into the eyes of complainant and Mahseh Kumar hit on his left side of the chest with a scissors and Jitender hit him with fist and kick blows and caused many injuries and thereafter ran away. The complainant was taken to Civil Hospital, Rewari. Thereafter, on the statement made by Pardeep Kumar, the FIR was registered.
(3.) After conducting the investigation and recording statements under Section 161 Cr.P.C. accused Shri Bhagwan, Jitender and Mahesh Kumar were arrested. Report under Section 173 Cr.P.C. was presented in the Court. After considering the material available on file, the charges under Sections 452,323,307,34 IPC were framed against the accused.;