- (1.) The present revision petition has been filed by the petitioner challenging the judgment dated 10.7.2007 passed by learned Additional Sessions Judge, Gurgaon whereby the appeal filed by him against the judgment of conviction and order of sentence dated 7.10.2006 vide which learned trial Court convicted and sentenced him to undergo simple imprisonment for a period of two years and to pay fine of Rs.500/- and in default of payment of fine to further undergo simple imprisonment for a period of five days under Section 325 read with Section 34 of the Indian Penal Code (for short 'IPC'), was dismissed. Kiran wife of Kamal was also convicted under Section 325 read with Section 34 IPC by learned trial Court, but she was given the benefit of being released on probation.
(2.) The facts extracted from the record are as under:- FIR No.321 dated 26.10.2002, under Section 325 read with Section 34 IPC was registered at Police Station Udyog Vihar on the statement of injured Manoj Kumar wherein he deposed that on 6.10.2002 at about 1.30 PM when he was cleaning the drain pipe of his house, accused Kamal, standing in front of his house objected to it and started abusing him and on resistance by him, he brought a 'Farsa' from his house and gave a blow with the same which caused injury on the fingers of his left hand. In the meantime, wife of Kamal also came there and as she caught hold of him, Kamal gave another 'Farsa' blow hitting on calf of his left leg. Third blow from reverse side of 'Farsa' was given on his head. Hearing his shouts, his younger brother Vinod and tenant Ramesh came and rescued him. They then brought him to Government Hospital, Gurgaon for treatment.
(3.) The matter was investigated and the accused were arrested. On completion of investigation, final report under Section 173 of the Code of Criminal Procedure was filed in the Court. Both the accused were charged under Section 325 read with Section 34 IPC to which, they pleaded not guilty and claimed trial.;