HAKIM Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These two appeals i.e., Criminal Appeal No. 5304 of 2024 and Criminal Appeal No.5303 of 2024 assail concurrent findings of conviction under Sec. 326A of the Indian Penal Code, 1860 ("IPC 1860") and sentence thereof against Hakim ("Accused No.1") and Umesh ("Accused No.2") respectively Appellants herein, by the learned Additional Sessions Judge, Patiala House Courts, Delhi vide Order dtd. 29/1/2020 and by the High Court of Delhi vide Judgment dtd. 13/10/2022 ("Impugned Judgment"). The Appellants were sentenced to undergo rigorous imprisonment for life, and a fine of INR 1,00,000/- (Rupees One Lakh only) and in default, simple imprisonment for a period of one year.

(2.) Appellants, initially moved Petitions for Special Leave to Appeal (Criminal) No(s). 5874 of 2023 and 11118 of 2023 respectively, and delay was condoned in both the said petitions, albeit separately, and this Court issued notice only on the quantum of sentence. As the proceedings progressed, it was directed that the victim in the instant case, be also made a party and was accordingly impleaded as Respondent No.2 ("Respondent-Victim"). However, as the said petitions were taken up on 14/5/2024, the assertions made by the erstwhile petitioners implied that they intended to even dispute the injuries caused to the Respondent-Victim. Thereafter, while reserving the judgments, leave to appeal was granted.

(3.) The incident, as alleged by the prosecution, is that on 8/6/2014, at about 11:30 p.m., Bablu ("Complainant"), husband of the Respondent-Victim, gave a written complaint at the Govind Nagar Police Station, Mathura, Uttar Pradesh which resulted into registration of FIR No.130 of 2014 dtd. 8/6/2014 ("FIR"), bearing Crime No. 228 of 2014.