SANJAY & ORS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Sanjay (A-1), Sandeep (A-2) and Rinku (A-3) were held guilty and convicted by a judgment dated 16.11.2010 in Sessions Case No. 517/06 arising out of FIR No. 1014/05 PS Nangloi for committing offences under Sections 308/34 IPC. By an order on sentence dated 19.11.2010, they were awarded RI for one year with fine Rs. 1,000/- each.

(2.) Allegations against the appellants were that on 11.10.2005 at about 09.30 P.M., they in furtherance of common intention inflicted injuries to Charan Singh and Rajesh. During the course of investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the appellants along with Bala and Kuldeep. Bala and Kuldeep expired during trial and the proceedings against them were dropped as abated. The prosecution examined ten witnesses. The trial resulted in their conviction.

(3.) During the course of hearing, appellants' counsel on instructions stated at Bar that the appellants have given up challenge to the findings recorded by the Trial Court under Sections 308/34 IPC and accept it voluntarily. He however, prayed to take lenient view as the appellants remained in custody for about four months and are not previous convicts. They have settled the dispute with the injured persons.