AMIT CHAUDHARY Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 10.12.2009 whereby the appellants have been convicted for the offence punishable u/s 308/34 IPC and order of sentence dated 21.12.2009 whereby the appellants have been awarded sentence of RI for one year each with fine of Rs. 2500/- each and in default to undergo RI for three months. The benefit u/s 428 Cr.P.C has also been given.

(2.) At the outset, learned counsel for the appellants has submitted that appellants are not challenging their conviction u/s 308/34 IPC. In fact, there is an application on record being Crl.M.A.152/2010 u/s 360 Cr.P.C filed by the appellants wherein it is stated that they are educated persons and are not involved in any other case. Their mother is a heart patient. They have prayed for grant of probation to them instead of sentencing them to imprisonment as ordered by the learned Addl. Sessions Judge.

(3.) The alleged occurrence is dated 28th March, 2005. The allegations against the appellants are that on the aforesaid day at about 6.15 pm, appellant no.1 Amit Chaudhary was playing cricket with his associates on the road. While playing cricket, ball had hit Shri Krishan Lal Goel, PW-8, father of the complainant Deepak Kumar Goel, PW-1. Shri Krishan Lal Goel, PW-8, had asked the appellant no.1 Amit Chaudhary and his associates not to play cricket there. Thereupon appellant no.1 Amit Chaudhary went back to his house while hurling abuses. After some time, one Nitin Kataria, PW-3, student of complainant Deepak Kumar Goel, PW- 1, came there to inform his 11th class result. While complainant Deepak Kumar Goel, PW-1 and Nitin Kataria, PW-3 were talking to each other, both the appellants came there. They had stopped Nitin Kataria, PW-3 and told them that they would teach them a lesson as they had stopped them from playing cricket. Appellant no.1 Amit Chaudhary was having a lathi. He gave lathi blows to Nitin Kataria, PW-3 and Deepak Kumar Goel, PW-1 and then fled away from the spot. Shri Krishan Lal Goel, PW-8 had informed the PCR. The PCR van brought Deepak Kumar Goel, PW-1 to the hospital. Both the appellants were arrested and on completion of investigation, a charge sheet was filed against them u/s 323/341/308/34 IPC. After supplying of documents to the appellants, the ld.M.M. committed the case to the Sessions Court.