Sanjay & Ors. vs State (Nct Of Delhi)
2014 Latest Caselaw 1457 Del

$-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.

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

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