STATE (NCT OF DELHI) Vs. ASHOK NAGAR

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (In short "Cr.P.C.") is directed against the judgment of acquittal dtd. 27/2/2015 passed by the learned Additional Sessions Judge East District, Karkardooma Courts, Delhi in connection with FIR No. 295/2005 at PS DBG Road, Delhi for the offence punishable under Ss. 308 of the Indian Penal Code, 1860 (In short "IPC").

(2.) The prosecution case in brief is that on 7/7/2005 at about 7:30 AM., one Pankaj Kumar Sharma ("complainant") was present a little ahead of Bus Stand, Pocket A-1, Khoda Road. One Maruti car bearing registration No.DL-7C-7447 hit against him on account of which he fell down on the ground. Ashok Nagar (Accused No.1), Arvind Nagar (Accused No.2) and Ajay Kumar (Accused No.3) came out of the said Car. Accused No.2 caught hold of him while both the remaining accused persons who were armed with iron rods, attacked him and on account of which he sustained injuries on various part of his body including head injuries resulting in him becoming unconscious. He regained consciousness in the hospital. On the statement of injured, a case under Sec. 308/34 of the IPC was registered against the accused persons. During investigation, accused persons were arrested and upon completion of investigation chargesheet was filed against all the three accused persons to face trial for the offence under Sec. 308/34 of the IPC.

(3.) The respondents/accused persons pleaded not guilty. Charges were framed vide order dtd. 19/4/2007 under Sec. 308/34 of the IPC. The learned trial court after appreciating the entire evidence and material available on record acquitted the respondent/accused. Hence, the State is in this appeal.