JINTE Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present appeal, the appellants seek to assail the judgment dtd. 22/8/2003 and the Order-on-Sentence dtd. 23/8/2003, passed by the trial court arising out of the FIR bearing No. 142/2001 registered at Police Station- Mayur Vihar, Delhi.

(2.) Vide the impugned judgement, the appellants were held guilty for committing the offence punishable under Sec. 308/34 of the Indian Penal Code (hereinafter "IPC") and vide the impugned order on sentence, the appellants were sentenced to undergo Rigorous Imprisonment for a period of 3 years each along with a fine of Rs.2000.00 each and in default of payment of fine to further undergo Rigorous Imprisonment for a period of 4 months each.

(3.) The appellants were charged under Sec. 308/34 IPC on the allegations that on 10/6/2001, at about 11:00 pm, at road block no. 25, Rajeshwar Dham Mandir, Trilokpuri, Delhi, both the appellants along with their father namely Anekpal (since expired) in furtherance of their common intention caused injuries on the person of Vijay Gupta with dandas and sarias with such intention or knowledge and under such circumstances that if they by that act caused the death of the injured, they would have been guilty of culpable homicide not amounting to murder. To the said charge, the appellants pleaded not guilty and claimed trial.