RAMESH Vs. STATE

JUDGEMENT

(1.) Appellants have been convicted under Sections 308/34 of the Indian Penal Code (IPC) by the learned Additional Sessions Judge (North-West-04), Rohini, Delhi; sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.3,000/- each and in default of payment of fine to further undergo simple imprisonment for a period of three months. Benefit of Section 428 of the Code of Criminal Procedure (Cr.P.C.) was made available to the appellants.

(2.) Since both the appeals arise from the same judgment of conviction and order on sentence, these are being decided together.

(3.) Briefly stated, prosecution case that emerges from the trial court record, is that on 5th July, 2005 at about 9:15 PM injured Zakir Hussain along with his wife Mehroon went to the house of accused Laxman, who was his neighbour, and asked him to return wheel of rickshaw or pay price of same, at which, Laxman became angry and on seeing this, the complainant and injured started moving away from his house. In the meanwhile, accused Laxman and Ramesh came rushing towards Zakir and started beating to him with danda and saria. Accused Ramesh was having a danda; whereas accused Laxman was having a saria. Accused Laxman gave saria blow on the head of injured and accused Ramesh gave danda blows on other parts of his body. Both the accused, by this act, caused injuries on the person of Zakir Hussain.