Geeta Devi & Anr vs State
2015 Latest Caselaw 5367 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : JULY 28, 2015

+                          CRL.REV.P. 354/2014

       GEETA DEVI & ANR
                                                            ..... Petitioners
                           Through :    Mr.Khushbir Singh, Advocate.
                           versus
       STATE
                                                           ..... Respondent
                           Through :     Mr.Amit Ahlawat, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. The petitioners have filed the instant revision petition to

impugn order dated 29.3.2014 of learned Additional Sessions Judge

whereby the petitioners were charged for committing offence under

Section 307/34 IPC and 394 IPC. Status report is on record.

2. During the course of arguments, the learned counsel for the

petitioners opted to withdraw the revision petition qua charge under

Section 307 IPC. Learned Additional Public Prosecutor was fair enough

to admit that there was no material to proceed against the petitioner No.1

under Section 394 IPC.

3. On perusal of the statements of the victim and other

prosecution witnesses examined during investigation, I find that it is a

case under Section 307/34 IPC whereby injuries were inflicted in

furtherance of common intention by the petitioners on the vital organ of

the victim. Taking out `20,000/- from the pocket, as alleged by the victim

during the incident does not attract the ingredients of Section 394 IPC.

4. In view of this, the Revision Petition is disposed of with the

direction that the petitioners shall be proceeded only for the commission

of offence under Section 307/34 IPC. Charge framed under Section 394

IPC is set aside.

5. Trial Court record (if any) be sent back forthwith along with

the copy of this order.

(S.P.GARG) JUDGE

JULY 28, 2015 sa