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2013 Supreme(Del) 1965

S.P.GARG
Raj Pal – Appellant
Versus
State (N. C. T. of Delhi) – Respondent


Advocates:
For the Appellants :Mr. Akhilesh Kumar Pandey, Advocate.
For the State : Mr. M.N. Dudeja, APP.

JUDGMENT :

S.P. Garg, J.—

1. The appellants- Raj Pal (A-1) and Dev Pal (A-2) impugn judgment dated 12.05.2000 in Sessions Case No.490/1996 arising out of FIR No. 118/1995 PS Ambedkar Nagar by which they were held guilty for committing offences punishable under Sections 452/326/34 IPC. Vide order dated 17.05.2000 they were sentenced to undergo RI for two years with total fine Rs. 3,000/- each.

2. Allegations against the appellants were that on 22.02.1995 at about 08.30 P.M. they, in furtherance of common intention, committed criminal house trespass while armed with knife and hockey and attempted to murder Hari Kishan and his wife Bharti by causing injuries with knife and hockey. The prosecution examined nine witnesses. In their 313 Cr.P.C. statements, the accused pleaded false implication. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held both of them guilty for committing offences under Sections 452/326/34 IPC. Being aggrieved, they have preferred the appeals.

3. Learned counsel for the appellants urged that the Trial Court did not appreciate the evidence in its true and proper perspective and fell i


















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