JUDGMENT :

FARJAND ALI, J.

1. The petitioners were convicted and sentenced in the following manner by the learned Additional Chief Judicial Magistrate No. 4, Bikaner vide judgment dated 22.01.2003 passed in Criminal Regular Case No. 216/2002:

2. Being aggrieved of the aforesaid judgment, the petitioners preferred an appeal, which was partly allowed by the learned Sessions Judge, Bikaner vide judgment dated 20.07.2004 passed in Criminal Appeal No. 9/2003, whereby while maintaining the conviction of the petitioners under Section 323/34 of the IPC, they were acquitted from the offence under Section 452 of the IPC and instead, they were convicted for the offence under Section 451 of the IPC. The learned appellate court also set aside the order of sentence passed by the learned trial court and instead of awarding the sentence of imprisonment, a fine of Rs. 2,000/- and Rs. 1,000/- was imposed upon each of the petitioner for the offences under Sections 451 and 323/34 of the IPC respectively and in default of payment of fine, they were ordered to undergo simple imprisonment of four months and one month respectively for these counts.

3. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that complainant Hajara submitted a report (Ex.P/1) as the Police Station Jamsar to the effect that on 22.01.1999 in the evening at about 07.00 p.m. she and her daughter Salema were cooking food in the kitchen of their house. At that time, Sikandar, Haidar and 5-7 persons of the same village came with an intention to kill them. Sikandar and his brother Haidar entered the kitchen abusing, while the other persons, who were holding lathis and axes, stood surrounding the kitchen. The complainant was sitting in the kitchen. Haider kicked her 3-4 times and when her daughter Salema tried to rescue her, Haidar and Sikander also assaulted her with fists and kicks. They twisted her fingers. Sikandar made the complainant stand up by grabbing her hair and slapped her near the ear and also broke the gold chain worn by her. When she made a hue and cry, Ilahibux, Shaukat and other villagers came running, upon which the assailants ran away. On the basis of the aforesaid report, FIR No. 22/1999 for the offences under Sections 452, 523, 382, 354, 147, 148 and 149 of the IPC was registered and after usual investigation, a charge-sheet was filed against the present petitioners for the offences under Sections 452, 323 and 34 of the IPC.

4. The Learned Magistrate framed charges against the petitioners for the offences under Sections 452 and 323/34 of the IPC and upon denial of guilt by them, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 6 witnesses and exhibited various documents. The accused, upon being confronted with the prosecution allegations, in their statement under Section 313 Cr.P.C. denied the allegations and submitted that they were falsely implicated in the case. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted and sentenced the accused petitioners for offences under Sections 452 and 323/34 of the IPC vide judgment dated 22.01.2003. Aggrieved by the judgment of conviction, they preferred an appeal, which was partly allowed by the learned appellate court i