P.K.LOHRA,J. - (1.) Accused-petitioners have preferred this revision petition, under Section 397/401 Cr.P.C., to assail judgment dated 3rd of February 2016, passed by Addl. Sessions Judge No. 2, Abu Road, District Sirohi (for short, 'appellate Court'), affirming verdict dated 7th of June 2014, rendered by Judicial Magistrate, First Class, Pindwara, Sirohi (for short, 'learned trial Court'). Learned trial Court, by its verdict dated 7th of June 2014, convicted first petitioner Kalu Ram for offence under Section 458 IPC and handed down sentence of three years' simple imprisonment with fine of Rs. 2,000, and in default of payment of fine to undergo three months' simple imprisonment. The first petitioner is also convicted for offence under IPC and sentenced to two years' simple imprisonment. Likewise, the second petitioner, Likma Ram, is indicted for offence under Section 458 IPC and awarded sentence of three years' simple imprisonment with fine of Rs. 2,000 and in default of payment of fine to undergo three months' simple imprisonment. The learned trial Court ordered all the sentences to run concurrently. The efforts of the petitioners made before appellate Court to challenge their conviction also foiled and the appellate Court by its judgment dated 3rd of February 2016 affirmed the verdict of learned trial Court.
(2.) The facts, in brief, giving rise to this revision petition are that on 26th of March 2005, complainants Chhoga Ram, his wife Ms. Laxmi and son Bhanwarlal submitted a written report (Ex. P/1) before Police Station Pindwara, inter-alia, alleging therein that on that day at about 9 PM when his son Bhanwarlal was sleeping in the courtyard of house and he was putting bandage to his ailing wife, both the petitioners barged into courtyard of his house well armed with knives. The report further unfurled that both the petitioners stabbed Bhanwarlal son of complainant Chhoga Ram, and upon intervention by him and his wife, they were also given beatings. In the report, specific allegation was against petitioner Kalu Ram for causing stab injury to Bhanwarlal on his left shoulder. As per version of the complainant, he made alarm but nobody came to their rescue and finally he conveyed the entire incident to police on phone. The report then culminated into FIR No. 83/2005 (Ex. P/5) and accused-petitioners were charged for offence under Sections 458, 323, 324/34. Police after investigation submitted charge-sheet against the petitioners for offence under Sections 458, 324, 323/34 IPC before learned trial Court. The learned trial Court framed charges against both of them and on their denial they were put on trial.
(3.) The prosecution, for substantiating the allegations against petitioners, examined seven witnesses and also exhibited requisite documents. After conclusion of evidence of the prosecution, statements of accused-petitioners were recorded under Section 313 Cr.P.C., 1973 and police statements of Chhoga Ram, Bhanwarlal and Lakma Ram S/o Jethaji were exhibited as Exs. D/1 to D/3 respectively.;