MANISH @ MANNI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These appeals have been directed against the impugned judgment and order of sentence dated 16.4.2013 and 20.4.2013 wherein the appellants Manish @ Manni and Sunny had been convicted under Sections 307/34 of the IPC and each of them had been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.10,000/- in default of payment of fine to undergo SI for 6 months.

(2.) Nominal rolls of both the appellants Manish @ Manni and Sunny have been requisitioned. They reflect that as on date both the appellants have undergone incarceration of 3 years and 2 months which includes the remissions earned by them. Their jail conduct has been satisfactory.

(3.) Version of the prosecution was unfolded in the testimony of Juber examined as PW-2. The complainant was his friend Narender Kapoor examined as PW-1. As per the complainant, on 12.4.2011 at about 9.45 p.m. his friend (PW-2) came to his house in his motor cycle and asked him to have a dinner at a restaurant. The complainant sat on the pillion and they both reached opposite House No.4/460 where the appellant namely Manish @ Manni and Sunny were playing badminton. PW-2 blew horn asking him to give way but the appellant Manish asked him not to hurry. When PW-2 asked him again to give him way, appellant Manish held the handle of the motorcycle and started abusing PW-2. Manish slapped PW-2 as a result of which PW-2 fell down from the motorcycle. PW-1 tried to intervene but both the brothers (appellants) gave beatings to PW-1.