RAKESH Vs. STATE

JUDGEMENT

(1.) By way of the present appeal, the appellant seeks to assail the judgment dtd. 29/4/2004 and the order on sentence dtd. 15/5/2004 passed by the trial Court arising out of the FIR bearing No. 153/02 registered at Police Station - Haus Khazi.

(2.) Vide the impugned judgment, the appellant was held guilty for committing the offence punishable under Sec. 323 r/w Sec. 34 of the Indian Penal Code (hereinafter "IPC") and vide the impugned order on sentence, the appellant was sentenced to undergo Rigorous Imprisonment for a period of three months along with a fine of Rs.3000.00 and in default of payment of fine to further undergo Simple Imprisonment for a period of one month.

(3.) The appellant was charged under Sec. 308/34 IPC on the allegations that on 10/7/2002 at about 8:00 AM at House No. 1656, Gali Himmat Garh, Sita Ram Bazar, Hauz Khazi, Delhi, he along with co-accused namely Panna Lal in furtherance of their common intention caused injuries on the person of Sharda with an iron pipe with such intention or knowledge and under such circumstances that if by that act he has caused the death of the injured, he would have been guilty of culpable homicide not amounting to murder. To the said charge, the appellant pleaded not guilty and claimed trial.