PARMOD KUMAR Vs. STATE

JUDGEMENT

(1.) This revision petition filed under Section 397/401 Cr.P.C is directed against the order dated 09.10.2018, passed by the Additional Session Judge, West District, Tis Hazari Courts, Delhi in Criminal Appeal No.77/2017 where by the Additional Session Judge has confirmed the judgment dated 17.12.2016, passed by the Metropolitan Magistrate-03 (West), Tis Hazari Courts, Delhi, convicting the petitioners for offences punishable under Sections 342, 325 and 34 IPC. By order dated 20.02.2017, the accused have been sentenced to undergo rigorous imprisonment for six months for the offence punishable under Section 325 IPC and rigorous imprisonment for one month for offence punishable under Section 342 IPC. They were also directed to deposit compensation of Rs.1,00,000/-( Rs.50,000/-each ) to be paid to the injured/complainant. In default, the accused have to undergo simple imprisonment for three months.

(2.) The allegation in the FIR is that on 19.04.2010, injured Dharmesh was going to attend the ring ceremony of his sister with his friend. It is stated that on the way when they reached in front of House No.I-58, Adhyapak Nagar, Nangloi, Delhi, the accused Parmod, Seema, Harpal, Suresh and Ashok pulled him into the house No.I-58 and started beating him with hockey, wooden sticks and bat. After beating the victim they threw the victim in a vacant plot. The injured/victim was taken to the hospital. Police came to record the statement of the injured/victim, and he identified the petitioner herein. Harpal passed away during the course of the investigation itself and the other two accused namely Suresh and Ashok could not be identified and therefore were not taken into custody.

(3.) Proceedings were initiated against the accused. In order to prove the guilt, prosecution examined 9 witnesses.