VIJAY VIRDI Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Crl. M.A. No. 8422 of 2017 (Directions) & Crl. M.(Bail) No.824 of 2017 (suspension of sentence)

(2.) Brief facts of the prosecution case as enumerated in the impugned judgment are that on 28.11.2011 at about 4.45 AM at Gurudwara Chowk, in front of Gali No.1, Fruit Market, Ratia Marg, Govindpuri, New Delhi, a quarrel had taken place between the accused persons and Sh. Shailesh Ray and Siddharth with fist and dandas at the tea stall of Radharaman and in the said quarrel Siddharth had sustained injuries on the right side of his forehead and his right eye and Shailesh Ray had died due to the injuries sustained by him in the incident at the hands of the accused persons. After completion of investigation and deposition of relevant witnesses, the appellant was held guilty with the offence with which he was charged and vide order dated 19.04.2017, the appellant was sentenced to undergo rigorous imprisonment for 4 years for the offence under Sec. 304 Part II Penal Code with fine of Rs. 5 lacs as compensation to be given to the parents of the deceased and in the event of default of payment of compensation, he was sentenced to further undergo simple imprisonment for a period of one year. The appellant was also sentenced to undergo rigorous imprisonment for a period of 3 years for the offence under Sec. 308 of Penal Code and a fine of Rs. 2 lakh was imposed to be paid to injured Siddharth Roy as compensation and in the event of default of payment of fine, the appellant was sentenced to further undergo simple imprisonment for one year.

(3.) On the last date of hearing, learned counsel appearing on behalf of the appellant submitted that he does not wish to challenge the impugned judgment dated 104.2017 whereby he was held guilty for the offence. Accordingly, the impugned judgment was ordered to be upheld.