KISHAN LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) FEELING aggrieved, the appellants have challenged the impugned judgment dated 12.03.2004 and order on sentence dated 16.03.2004 passed by the learned Addl. Sessions Judge, Karkardooma Courts, Delhi, vide which all the appellants were sentenced to undergo RI for a period of three years and fine of Rs.5,000/ - in default of payment of fine to further undergo SI for six months, for having committed the offence punishable under Section 307/34 IPC.

(2.) IN brief the case of prosecution is that on 29.09.2000 at about 10.00 p.m opposite Gali No.11 near House No.4/2391, Bihari Colony, Delhi, all the appellants, in furtherance of their common intention, inflicted injuries to Sohan Pal (since deceased), Om Prakash, Gamender and Anil Kumar with such intention or knowledge and under such circumstances that if any of the injured would have died due to said injuries, they would have been guilty of the murder.

(3.) ON behalf of the injured Sohan Lal, his son Om Prakash has filed an application for compounding of the offence, whereas the two other injured persons namely Anil Kumar s/o Gamender Singh and Gamender Singh, son of Shri Banwari Lal, present in Court today, have submitted that let bygone be bygone and the matter may be disposed of as they do not want the appellants to undergo the substantive sentence awarded to them by the learned Trial Court and make their families suffer due to this. Appellants present in Court also submit that they have learnt a lesson from the incident and now they are living peacefully with the two injured and family of injured late and Sohan Lal and that a lenient view may be taken against them while disposing of their appeals.