- (1.) Petitioners have filed the present revision petition against the judgment dated 12.12.2015 passed by learned Additional Sessions Judge, Bhiwani, whereby the appeals preferred by them against the judgment of conviction and order of sentence dated 3.11.2014/4.11.2014 passed by Judicial Magistrate Ist Class, Bhiwani have been dismissed.
(2.) Learned Magistrate vide judgment dated 3.11.2014 while convicting the petitioners for offence under Sections 323, 324, 452, 506 read with Section 34 IPC sentenced them as under:- JUDGEMENT_610_LAWS(P&H)5_2016_1.html
(3.) Briefly stated, the case of the prosecution is that FIR No.87 dated 18.2.2010 under Sections 147, 148, 149, 323, 324, 325, 452, 506 and 34 IPC Police Station Tosham was registered against the petitioners-accused on the basis of complaint moved on behalf of the complainant - Rajmal. On 17.1.2010 at about 9.00/9.30 P.M., the nephews of the complainant were present at his home for preparation of Bhaat. In the meanwhile, Jinder @ Joginder, Manoj, Sonu, Mahender, Sombir, Bharat Singh and Phoola Devi armed with iron rod, jelli and axe entered in his house through baithak. Jinder @ Joginder hit the iron rod on his head and all the other accused hit his nephew Rajesh, Ramesh, Bajrang, his and Roshni wife of Chaju Ram. For 1-2 minutes, light was not there and therefore, it could not be ascertained as to who hit whom with their respective weapons. But when light came, Manoj hit Ramesh as well as Bajrang on their heads with iron rod and Bharat Singh hit Rajesh on his head with jelli. Bajrang and Sombir also hit on the head of Rajesh with iron rod. Bharat Singh hit Roshni on her head with jelli. He also inflicted injuries to the complainant and his accomplice. During this fight, 5-7 boys, who were sitting outside, also inflicted fist blows upon them. On hearing this noise, many persons came forward and rescued the complainant and his family members from the hands of the accused. The motive behind the occurrence was that about 6 months ago, a quarrel took place between them, which was settled.;