VIKAS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Nanak, Gir Raj and Sunil Kumar were arrested in case FIR No.192/2006 and challaned to the court of trial for committing offence under Section 308/34 IPC. Allegations against them were that on 15.11.2005 at about 05:45 A.M. at House No.376, Masjit Moth, they in furtherance of common intention, voluntarily caused injury to Vikas and attempted to commit culpable homicide not amounting to murder. The prosecution examined eight witnesses. Statements of the accused under Section 313 Cr.P.C. were recorded and they pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties by the impugned judgment all the three accused persons were convicted for committing offence under Section 323/34 IPC. They were sentenced to undergo imprisonment till the Rising of the Court (TRC) with fine Rs. 1,000/- each.

(2.) The convicts have preferred Crl.A.No.1055/2011 challenging their conviction and sentence under Section 323/34 IPC. The complainant has preferred Crl.A.No.917/2011 challenging acquittal of the accused persons under Section 308 IPC. The victim further challenged the sentence awarded to the accused persons which was not sufficient.

(3.) I have heard the learned APP for the State and learned counsel for the appellants in both the appeals and have examined the Trial Court record.