STATE OF DELHI Vs. SHYAM

JUDGEMENT

(1.) The present appeal is filed on behalf of the appellant/State against the judgment dtd. 28/3/2008 (hereinafter referred to as the "impugned judgement") and against the order-on- sentence dtd. 28/3/2008 (hereinafter referred to as the "impugned order on sentence") passed by the court of Additional Sessions Judge, Patiala House Courts, Delhi (hereinafter referred to as the "Trial Court") in Sessions Case bearing No. 163/07 arising out of the FIR bearing No. 703/2000 registered at Police Station- Okhla Industrial Area, Delhi.

(2.) The respondents vide the impugned judgement were held guilty for committing the offence punishable under Ss. 325/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"). The respondents vide the impugned order on sentence dtd. 28/3/2008 were given benefit of probation and each of them were directed to pay a compensation of Rs.10,000.00 to the injured.

(3.) In the appeal, it has been prayed by the appellant that the impugned judgment be set aside and the respondents be punished for the offences punishable under Sec. 308/34 IPC and in the alternative, if the Court comes to the conclusion that the respondents were correctly convicted under Ss. 325/323/34 IPC, then pass an order of conviction by setting aside the impugned order on sentence.