NURUDDIN AND ORS. Vs. STATE

JUDGEMENT

(1.) APPELLANTS have been convicted under Sections 308/34 of the Indian Penal Code, 1860 (IPC) by the trial court and sentenced to undergo rigorous imprisonment for three years with fine of Rs.20,000/ - and in default of payment of fine, simple imprisonment for six months. Benefit of Section 428 of the Code of Criminal Procedure, 1973 has also been given to the appellants.

(2.) AGGRIEVED by their conviction as also the sentence awarded to them, appellants have preferred this appeal.

(3.) DR . Deepak Varshney (PW2) opined the injuries of PW -3 as grievous. Accordingly, offence was converted from Section 324/34 IPC to Section 307/34 IPC and investigation was handed over to Inspector Narsi Lal Meena (PW8), who recorded supplementary statement of injured on 14th February, 2009. Appellants were arrested on 26th February, 2009, vide arrest memos Ex. PW5/C and Ex. PW5/D. Disclosure statements (Ex.PW -5/A and Ex.PW -5/B) of appellants were recorded but weapons of offence could not be recovered. During the investigation, site plan (Ex. PW9/C) was prepared on the pointing of Shafiq. After completion of investigation, charge -sheet was filed in the Court of Metropolitan Magistrate, Delhi under Sections 307/34 IPC, who after making compliances under Section 207 Cr.P.C., committed the case to Sessions Court since offence under Section 307 IPC is exclusively triable by the Sessions Court.