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2013 Supreme(Del) 2432

S.P.GARG
Naresh Kumar Etc. – Appellant
Versus
State – Respondent


Advocates:
For the Appellant :Mr. Chirag Madan, Adv. with Mr. Sudeep Yadav, Advocate.
For the Respondent: Mr. M.N. Dudeja, APP.

JUDGMENT :

S.P. Garg, J.

1. Naresh Kumar (A-1) (since deceased) represented by Smt.Kanta, Dharam Singh (A-2), Om Prakash (A-3), Ashok and Tripat were arrested in case FIR No. 122/96 under Sections 308/34 IPC registered at PS J.P.Kalan and sent for trial on the allegations that on 05.12.1996 at about 12.10 (Noon) in furtherance of common intention, they inflicted injuries to Balwan Singh and Vijay Singh. Vide order dated 01.04.1999, they were charged under Sections 308/325/34 IPC. The prosecution examined twelve witnesses to bring home their guilt. In their 313 statements, they pleaded false implication and examined DW-1 (Suresh Kumar) in defence. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment dated 09.05.2003 in Sessions Case No. 166/02 held them guilty under Section 325 IPC (A-1) and under Section 323 IPC (A-2 & A-3). It is relevant to note that Ashok and Tripat were acquitted of the charges and the State did not challenge their acquittal. By an order dated 26.05.2003, A-1 to A-3 were released on probation and directed to pay total compensation of Rs. 20,000/- to the victims. Being aggrieved, A-1 to














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