AMRIT Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) BY the instant petition, the petitioner has challenged the impugned order dated 28.05.2011, whereby the learned trial judge while passing order on charge has come to the opinion that a case under Section 307 r/w Section 34 of the Indian Penal Code is made out against the petitioners.

(2.) THEREAFTER, vide order dated 28.05.2011, charges were framed against the petitioners under the aforesaid sections.

(3.) IT is further alleged that one of the boy who was present at the stall threatened the complainant and the others with a ,,Palta which was sharp on one side and further told them to run away from the premises else he would stab. When the complainant opposed to the threat, he was attacked with the sharp side of the ,,Palta which struck on his upper lip. Thereafter, repeated attacks were made, whereby causing injury on his forehead, nose and left eye. Meanwhile, the second boy who was holding an iron object also struck on the face of the complainant and enticed his accomplice to kill the complainant.