TASLEEM Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) In this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C), the accused persons in Sessions Case No. 103/2016 on the file of the Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, assails the judgment dtd. 17/1/2017 and order on sentence dtd. 21/1/2017 as per which the accused persons have beenconvicted and sentenced for the offence punishable under Sec. 308 read with Sec. 34 of the Indian Penal Code, 1860 (the IPC).

(2.) The prosecution case in brief is that on 4/4/2012 at around 11:30 PM, the accused persons in furtherance of their common intention, wrongfully restrained PW2 and voluntarily caused bodily injury on his head and stomach with an iron rod and a brick with the intention and knowledge that, if they by that act caused death, they would be guilty of culpable homicide not amounting to murder. Hence, the accused persons are alleged to have committed the offences punishable under Ss. 341, 308 read with Sec. 34 IPC.

(3.) On the basis of Ext. PW8/A FIS of PW3, given on 5/4/2012, Crime no. 127/2012, Jagat Puri Police Station, that is, Ext. A-1 FIR was registered by the Assistant Sub-Inspector. PW8, Sub-Inspector, conducted investigation into the crime and on completion of the same filed the charge-sheet/final report alleging commission of the aforesaid offences.