SUMIT GUPTA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) VIDE this judgment, I shall dispose of three criminal appeals bearing No.54/2011,55/2011 and 56/2011 as all the appeals have been filed by the appellants challenging the impugned judgment dated 21.12.2010 passed by learned Additional Sessions Judge whereby they were convicted in Sessions Case No.40/10 arising out of FIR No.885/2005, P.S. Sangam vihar, vide which they were convicted u/s 307/34 IPC and were sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.2000/ - each in default to undergo simple imprisonment for one month.

(2.) COMPLAINANT Ashok Kumar was running a grocery shop at F -661, JJ Camp Tigri, Delhi. Virender Gupta was also running a shop at a short distance and he also used to sell bidi, cigarettes etc. As per the prosecution case, on 29.09.2005, complainant Ashok Kumar and his son Deepak Kumar were present at their shop. One customer purchased certain articles from their shop. After some time Virender Gupta came to his shop at about 4.45 p.m and started abusing him as to why he gave articles to his customer and picked up a brick and hit Ashok Kumar on his head. After ten minutes Virender Gupta along with his son, Sumit Gupta and nephew Anup came to his shop and Virender Gupta inflicted a knife blow on the left side of abdomen of his son Deepak. When he tried to intervene, then he was given fist and leg blows by Anup and Sumit. On his raising alarm, the nearby residents of the locality started gathering and all three managed to escape. Deepak was removed to Batra hospital. MLC of Ashok Kumar and Deepak was prepared. During the course of investigation, the accused were arrested. Virender Gupta handed over the knife with which injuries were inflicted. After completing investigation, charge -sheet was submitted against the accused for offence u/s 307/308/34 IPC.

(3.) THE case being triable by the Court of Sessions, after committal proceedings it was committed by the learned Metropolitan Magistrate to the Court of Sessions. Charge u/s 307/308/34 IPC was framed against the accused persons to which they pleaded not guilty and claimed trial.