MITHLESH KUMAR & ORS. vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 11.12.2024 Pronounced on : 14.01.2025 + CRL.A. 455/2009 MITHLESH KUMAR & ORS. .....Appellants Through: Mr. Keshav Ranjan and Mr. Godsan George, Advocates versus STATE .....Respondent Through: Ms. Manjeet Arya, APP for State with SI Kavish Rana PS Laxmi Nagar, Delhi CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted against the judgement of conviction dated 28.04.2009 and order on sentence dated 30.04.2009 passed by Additional Sessions Judge, East District, Karkardooma Courts in the case arising out of FIR No. 859/2007 registered under Sections 308/323/34 IPC at P.S. Shakarpur, Delhi. Vide the impugned judgement, the appellants were convicted for the offence under Section 308 IPC and sentenced to undergo rigorous imprisonment for a period of one year. The appellants were also convicted under Section 323 IPC and sentenced to undergo simple imprisonment for a period of three months. Additionally, they were all directed to pay a fine of Rs 5,000/- each, in default whereof, they were directed to further undergo Signature Not Verified Digitally Signed CRL.A. 455/2009 Page 1 of 5 By:GAUTAM ASWAL Signing Date:15.01.2025 12:03:47 simple imprisonment for a period of 3 months. The benefit of Section 428 Cr.P.C. was also given to the appellants. 2. The facts, in a nutshell, are that the complainant, Bhure, on 21.11.2007 at about 8.30 PM tried to stop the appellants from passing through his onion fields. The appellants refused and started giving beatings to him by Dandas. When Deen Dayal, the father of Bhure tried to intervene, he was also given beatings. The incident was also witnessed by one Mahender, who took the complainant and his father to Lal Bahadur Shastri Hospital. Thereaf