SACHIN KUMAR AND ORS. Vs. THE STATE

JUDGEMENT

(1.) BOTH the petitions have been heard together and a common order is being passed.

(2.) THE petitioners have impugned the order dated 23.12.2014 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi in connection with FIR No. 148/2014 (P.S. Anand Vihar) whereby the Court below, on the order on charge, held that a prima facie case is made out under Section 341/302/34 of the IPC against the petitioners as also against the charges which have been framed accordingly.

(3.) IN the FIR which was lodged on 7.3.2014, it has been alleged, inter -alia that on 05.03.2014 petitioner Amit Nagar had quarreled with the deceased over parking of car. The deceased had apologized on the next day and the dispute was resolved. On 07.03.2014, at about 10.30 AM, co -accused Kuldeep @ Dedha abused the deceased and threatened of teaching him a lesson. Unmindful of such threatening, the deceased went inside the institute for taking his examination. After the examination was over, at about 12.40 pm, petitioner Amit Nagar along with the petitioners Tanuj Tiwari and Sachin, Kuldeep @ Dedha and two other friends came and stopped the deceased. It is alleged that the two unknown boys caught hold of the hands of the deceased while petitioner Tanuj Tiwari and petitioner Sachin Kumar also caught hold of the deceased. Amit Nagar and Kuldeep @ Dedha started assaulting the deceased by means of fists and kicks on his abdomen, chest and other parts of the body. While the deceased was being assaulted, he kept on pleading with the accused persons that he was suffering from heart ailment and that he should not be assaulted. Many people gathered at the spot. The deceased became unconscious and fell on the ground. Seeing the crowd, all the accused persons including the petitioners left the place of occurrence. The deceased was admitted to Dr.Hedgewar Hospital by the informant and one Hemant.