VIKASH BHARDWAJ @ SONU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal has impugned the judgment and order of sentence dated 28.01.2006 & 30.01.2006 whereby the three appellant Vikas Bhardwaj @ Sonu, Dharmender Kumar @ Kallu and Pramod @ Banti had been convicted under Section 307/34 of the IPC and each of them had been sentenced to undergo RI for a period of 2 years and to pay a fine of Rs.2,000/- and in default of payment of fine, to undergo SI for 3 months.

(2.) Nominal roll of the appellants have been summoned. Nominal roll of appellant Vikas Bhardwaj shows that out of total sentence of two years which had been awarded to him, as on 25.08.2006 (date of his grant of bail) he had suffered incarceration of about 8 months including the remissions earned by him. Appellant Pramod has suffered a sentence of about 1 month & 20 days. Appellant Dharmender has suffered sentence of about 17 days.

(3.) On 25.02.2002, DD No. 5-A (marked 'X') was received in PS Mayur Vihar reporting that a quarrel had taken place at the crossing of block No. 26-27 of PS Trilok Puri. SI Mahipal (PW-10) along with constable Rajender reached the spot. The injured Sarfaraz (PW-1) had been removed to the LBS hospital. PW-10 reached the hospital where MLC of the victim (Ex.PW-3/A) was obtained. The following two injuries had been noted on his person:-