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2014 Supreme(Del) 1573

S.P.GARG
Prabhu Dayal Sharma – Appellant
Versus
State of Nct of Delhi – Respondent


Advocates Appeared:
For the Appellants:Dayan Krishnan, Sr. Advocate With Sudarshan Rajan, Mohd. Saleem, Mohd. Tabrej, Md. Qamar Ali, Ashok Kr. Arya, Advocates.
For the Respondents: M.N. Dudeja, APP.

Judgment :

S.P. Garg, J.

1. In Criminal Appeals No. 680/2012, 689/2012, 676/2012 and 675/2012, Prabhu Dayal Sharma (A-1), Jasveer (A-2), Mahabir (A-3) and Rajesh Kumar @ Raju (A-4) challenge the legality and correctness of a judgment dated 23.05.2012 of learned Addl. Sessions Judge in Sessions Case No. 8/11 arising out of FIR No. 70/06 PS Paharganj, by which they were convicted under Sections 325/34 IPC. By an order dated 24.05.2012, they were sentenced to undergo RI for one and half year with fine Rs. 15,000/-, each.

2. Jasbir Singh (A-2) has filed Crl.A.No.857/2012 under Section 372 Cr.P.C. to impugn a judgment dated 23.05.2012 in Sessions Case No. 9/11 arising out of FIR No. 69/06 PS Paharganj, by which Ramesh Kirar (respondent No.2) was acquitted of the charge. Complainant – Ramesh Kirar has preferred Crl.A.No.1036/2012 under Section 372 Cr.P.C. to challenge A-1 to A-4’s acquittal under Sections 308/34 IPC and for enhancement of sentence awarded to them in FIR No.70/06 PS Paharganj.

Since all these appeals were intrinsically connected, with the consent of the parties, these were heard together to be disposed of by a common judgment.

3. Shorn of details, the prosecution case as r




















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