STATE Vs. JAIPAL SINGH & ORS

JUDGEMENT

(1.) This is an appeal filed by the State against the judgment dated 5 th October, 2001 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi in Sessions Case No.73/1998 arising out of FIR No.195/1998 registered at Police Station ('PS') Gokal Puri.

(2.) The State is in appeal to the extent that by the impugned judgment, the Trial Court has sentenced the three respondents for the offence punishable under Section 326 IPC for causing grievous injuries to the deceased Collector Singh and simple injuries to his son Yogesh (PW- 3) in an incident that occurred on 28th March, 1998 at Rama Garden Delhi. According to the State, three respondents ought to have been convicted for the offence punishable under Section 302 read with Section 34 IPC with which they were charged and as far as the death of Shri Collector Singh is concerned.

(3.) There were two eye witnesses to the incident i.e. the injured eye witness Yogesh (PW-3) and his wife Reena (PW-2).