DEEPAK KAUSHIK, Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 11.03.2003 and order on sentence dated 13.03.2003 arising out of Session Case No. 11/2002 bearing FIR No. 166/2000 P.S. Model Town u/s. 308/325/34 IPC vide which the appellants were convicted u/s. 325/323/34 IPC and were released on probation of good conduct on entering into a bond in the sum of Rs. 10,000/ - with one surety in the like amount for a period of three years. They were further directed to deposit a sum of Rs. 5,000/ - each as compensation to the two injured and another sum of Rs. 5,000/ - each as cost of the proceedings. Succinctly stated, case of prosecution is that on 16.03.2000, information was received at P.S. Model Town that a quarrel had taken place in Aryabhat Polytechnic, G.T. Karnal Road. D.D. No. 10A was recorded on this information and was entrusted to Insp. Sudhir Kumar for investigation. SI Sudhir Kumar along with Const. Joginder Raj went to the spot where they learnt that the injured had been removed to Hindu Rao Hospital. Thereupon they went to Hindu Rao Hospital. Rakesh, son of Ram Niwas and Anoop, son of Ram Avtar were found to be admitted in injured condition. Both were declared fit for statement. SI Sudhir Kumar recorded the statement of Rakesh Yadav which became bed rock of investigation and FIR was registered.

(2.) DURING the course of investigation, the appellants were formally arrested. After completing investigation, charge -sheet u/s. 308/325/34 IPC was submitted against them.

(3.) AFTER hearing learned counsel for the parties, vide impugned order dated 11.03.2003, learned Additional Session Judge convicted the appellants for offence u/s. 325/323/34IPC and sentenced as stated above. Feeling aggrieved by the same, present appeal has been preferred.