$-12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : 19th MARCH, 2014
+ CRL.A. 51/2011
SANJAY & ORS. ..... Appellants
Through : Mr.Ankur Sood, Advocate.
versus
STATE (NCT OF DELHI) ..... Respondent
Through : Mr.Lovkesh Sawhney, APP.
SI Roshan Lal, PS Nangloi.
Charan Singh and Rajesh (the
victims / complainants) are present
in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.Garg, J. (Open Court)
1. Sanjay (A-1), Sandeep (A-2) and Rinku (A-3) were held guilty and convicted by a judgment dated 16.11.2010 in Sessions Case No. 517/06 arising out of FIR No. 1014/05 PS Nangloi for committing offences under Sections 308/34 IPC. By an order on sentence dated 19.11.2010, they were awarded RI for one year with fine ` 1,000/- each. Crl.A. 51/2011 Page 1 of 3
2. Allegations against the appellants were that on 11.10.2005 at about 09.30 P.M., they in furtherance of common intention inflicted injuries to Charan Singh and Rajesh. During the course of investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the appellants along with Bala and Kuldeep. Bala and Kuldeep expired during trial and the proceedings against them were dropped as abated. The prosecution examined ten witnesses. The trial resulted in their conviction.
3. During the course of hearing, appellants' counsel on instructions stated at Bar that the appellants have given up challenge to the findings recorded by the Trial Court under Sections 308/34 IPC and accept it voluntarily. He however, prayed to take lenient view as the appellants remained in custody for about four months and are not previous convicts. They have settled the dispute with the injured persons.
4. Since the appellants have opted not to challenge findings of the Trial Court on conviction under Sections 308/34 IPC in view of the cogent and reliable testimonies of the injured witnesses coupled with medical evidence, their conviction stands affirmed. Sentence order dated 19.11.2010 reveals that the appellants remained in custody for about three and a half months. They were not involved in any other criminal case and Crl.A. 51/2011 Page 2 of 3 have clean antecedents. The matter was settled with the injured persons / victims who appeared in the Court today and reported that they had been paid ` 29,000/- by the appellants as compensation. They has no objection to take lenient view as all the disputes with the appellants have since been resolved. The Investigating Officer present in the Court has identified the victims. Considering the changed and mitigating circumstances, sentence order dated 19.11.2010 is modified and the period already undergone in custody by the appellants is taken as their substantive sentence.
5. The appeal stands disposed of in the above terms. Trial Court record be sent back forthwith with the copy of the order. A copy of the order be sent to the Superintendent jail for information.
(S.P.GARG) JUDGE MARCH 19, 2014/ tr Crl.A. 51/2011 Page 3 of 3