STATE (NCT OF DELHI) Vs. VARUN DASS

JUDGEMENT

(1.) The present Criminal Revision Petition filed under Sec. 397(1) of Code of Criminal Procedure, 1973 is directed against the impugned order dtd. 13/9/2017 passed by learned Additional Sessions Judge-03, Shahdara District, Karkardooma Courts, Delhi vide which both the respondents herein were discharged in case FIR bearing no. 1146/2014, under Sec. 308/34 of the Indian Penal Code, 1860, (hereinafter as 'IPC') registered at Police Station Madhu Vihar.

(2.) Briefly, the facts of the present case are that on 7/10/2014 at about 09.00 pm, the complainant along with his friend was going to Madhu Vihar. On the way when he had reached near Joshi Colony, accused/respondent no. 1 had called him on the pretext that he wanted to talk to him. When the complainant and respondent no. 1 were talking to each other, respondent no. 2 had hit on the head of the complainant from the back side with an iron rod while respondent no. 1 had caught hold of him. Respondent no. 2 had again hit him with an iron rod. Respondent no.1 hit him with a sharp edged weapon on the back and stomach. The complainant ran towards Hanuman Mandir near Samudai Bhawan where he fell unconscious. A complaint was lodged with the police resulting into FIR bearing no. 11460/2014.

(3.) Learned Additional Sessions Court while hearing arguments on charge, discharged both the accused persons for the offence punishable under Sec. 308/34 IPC and remanded the case to learned Metropolitan Magistrate, Shahdara, Delhi for trial for the offence punishable under Sec. 323/34 IPC. The operative portion of the impugned order dtd. 13/9/2017 reads as under: