DALIP Vs. STATE

JUDGEMENT

(1.) The instant appeal under Sec. 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the appellants against judgment dtd. 28/2/2011 and order on sentence dtd. 1/3/2011 passed by learned Additional Sessions Judge-03, Rohini Courts, Delhi in Sessions Case No. 01/2010 arising out of case FIR bearing no. 424/2008 registered at Police Station Jahangir Puri, Delhi under Ss. 308/34 of the Indian Penal Code, 1860 ("IPC').

(2.) The facts of the present case are that on 20/8/2008 at about 7:15 pm, when the complainant had gone to the market, the accused persons i.e. the appellants had come and had demanded Rs.1,000.00 from the complainant. When the complainant had refused to fulfill their demand, the appellants had hurled abuses at him and upon objection being raised by the complainant to the same, the appellant no. 1 had caught the collar of his shirt and appellant no. 2 had given a blow on his head with an iron rod/saria due to which he had started bleeding and had fallen on the ground. Accordingly, the present FIR was registered and both the accused were arrested. After completion of investigation, chargesheet was filed and charges were framed against the accused person.

(3.) After conclusion of trial, the learned Trial Court had convicted both the accused persons/appellants for offence punishable under Sec. 308/34 of IPC and had sentenced them to undergo rigorous imprisonment for a period of three years along with payment of fine of Rs.4,000.00 each, out of which Rs.5,000.00 was to be paid as compensation to the complainant, and in default of payment of same, to undergo further rigorous imprisonment for a period of six months.