LAWS(DLH)-2016-1-236

PAWAN CHADDHA AND ORS. Vs. STATE AND ORS.

Decided On January 27, 2016
Pawan Chaddha And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) Vide judgment dated 29.03.2011, learned Additional Sessions Judge (East), Karkardooma Courts, Delhi in case FIR No. 365/2008 under Sec. 308/34 registered at Police Station Pandav Nagar, Delhi convicted the appellant - Pawan Chadha for offence under Sec. 308 and Sec. 323/34 IPC while co -accused Vikas Chadha and Mukesh Chadha were held guilty and convicted under Sec. 323/34 IPC.

(2.) Vide order dated 31.03.2011, convict - Pawan Chadha was sentenced to undergo rigorous imprisonment for a period of three (3) years for offence under Sec. 308 IPC and was also directed to pay fine of Rs. 10,000/ -, in default to undergo simple imprisonment for a period of one month. He was further sentenced to undergo simple imprisonment for a period of six months for offence under Sec. 323/34 and to pay a fine of Rs. 1,000/ -, in default to undergo simple imprisonment for a period of 15 days. The sentences were to run concurrently. The appellants/ convict - Vikas and Mukesh were ordered to be released on probation of good conduct for a period of six months on furnishing a personal bond in the sum of Rs. 10,000/ - each with one surety in the like amount to keep peace and good behaviour.

(3.) Feeling aggrieved, initially the appellant - Pawan Chadha preferred an appeal being Crl. Appeal No. 640/2011. The complainant filed Crl. Appeal Nos. 966/2011 and 947/2013 seeking enhancement of sentence of the convicts Pawan Chadha and Mukesh Chadha respectively. Thereafter, convicts Vikas Chadha and Mukesh Chadha filed Crl. Appeal No. 1572/2013 challenging the impugned judgment vide which they were convicted under Sec. 323/34 IPC.