SURINDER KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by Surinder Kumar and Shori Lal challenging their conviction and sentence under Section 325 read with section 34 of the Indian Penal Code (hereinafter referred as 'the Code') by Shri H.C. Goel, Additional Sessions Judge, Delhi. The appellant Surinder Kumar has been awarded four years R.I. and fine of Rs. 500/-. His father Shori Lal, who was his co accused has been released on probation.

(2.) THE facts of the prosecution case have been noticed in detail by the learned trial Court. No useful purpose would be served by repeating them. The main findings on which the conviction has been based are :

(3.) THE learned trial Court while noticing the fact that the injured was admitted with a stitched wound has not given any finding as to when and by whom the wound was stitched prior to the admission of the injured in the hospital. Another fact which was has been noticed is that Shori Lal was also admitted in the same hospital on that very day with simple injuries. There is no finding regarding explanation, if any, of the prosecution about that injury also.