STATE (NCT OF DELHI) Vs. HARISH

JUDGEMENT

(1.) The present criminal appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter 'CrPC') has been preferred by the Appellant assailing the Impugned Judgement dtd. 20/7/2015, passed by the ld. Additional Sessions Judge, West District, Tis Hazari Courts, Delhi, whereby the Respondents - Rinku @ Shiv Kumar and Harish were acquitted of the offences in Sessions Case No. 7/2011, arising out of FIR No. 210/2009, registered at P.S. Khyala under Sec. 307/324 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter 'IPC').

(2.) The prosecution case emanates from an incident which allegedly took place on the intervening night of 17/18/10/2009, during the festival of Diwali, at C-10, Raghubir Nagar, Delhi. As per the prosecution, the incident had its genesis in a sudden altercation when one PW- 8 Balram, who had visited the house of the complainant PW-1 Prabhu Shyam, was returning at about 12:30 a.m. It is alleged that at that time accused Rinku @ Shiv Kumar demanded a cigarette from him, and upon refusal, a quarrel ensued. The situation allegedly escalated when Rinku @ Shiv Kumar is stated to have assaulted Balram with a danda and thereafter called co-accused Harish to the spot. Harish is alleged to have arrived armed with a knife and, in the course of the altercation, inflicted knife blows upon PW-1 Prabhu Shyam when he intervened, and subsequently upon PW- 5 Ghanshyam, who also attempted to intervene. The occurrence is thus alleged to have arisen out of a spontaneous quarrel during the late hours of the Diwali night, and culminated in injuries being sustained by the said persons.

(3.) The case was set into motion upon receipt of DD No. 14A at Police Station Khyala at about 02:45 a.m., regarding a quarrel taking place at the said address.