ARUN SAROHA Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioners impugning the order dated 4th May, 2011 vide which they were ordered to be charged for committing the offence punishable under Section 308/323/34 IPC.

(2.) IN order to appreciate the contentions advanced on behalf of the petitioners, it is necessary to look into the facts of the case leading to registration of FIR No.529/2009 at PS Prashant Vihar against these petitioners. As per the complaint made by Raj Dev Singh before the police, on 7th September, 2009 the complainant alongwith his friend Mannu was going to DDA Market, D-Block at about 10.00 PM when one motorcycle bearing registration No.DL- 8S-AK-0650 came from the front and touched their car. The motorcycle was driven by the petitioner Arun Saroha and when he was asked to drive it properly, there was some hot words exchange. Arun Saroha left the spot in an angry mood and returned after about 15 minutes alongwith his companion Vijay and one other person and all of them were armed with dandas. At that time, complainant alongwith his friend was going back in the car but they were stopped by the accused persons and asked to come out.

(3.) ON behalf of State, reliance has been placed on Sunil Kumar vs. NCT of Delhi & Ors. (1998) 8 SCC 557 and it has been contended that the injury was caused on the vital part of the body i.e. head and as the injured was being attacked repeatedly with danda blows one of which was on the head, the necessary knowledge required to constitute the offence punishable under Sec.308/34 IPC can be attributed to the petitioners and the charge has rightly been framed requiring no interference.