12.05.2014

1. This appeal is directed against the judgment dated 10th March 2008 passed by the learned Additional Sessions Judge (ASJ), New Delhi, convicting the Appellants of offences under Section 147 read with 149 Indian Penal Code (IPC), 308 read with 149 IPC, 325 read with 149 IPC and 427 read with 149 IPC and the order on sentence dated 12th March 2008 whereby, for the offence under Section 147 read with 149 IPC, each of the Appellants were sentenced to undergo one year rigorous imprisonment (RI) with fine of Rs. 500 and in default to undergo simple imprisonment (SI) for 2 months; for the offence under Section 308 read with 149 IPC, to undergo three years RI with fine of Rs. 500 each and in default to undergo SI for two months and, for the offence under Section 325 read with 149 IPC, to undergo 2 years” RI with fine of Rs. 500 each and in default to undergo SI for 2 months and, for the offence under Section 427 read with 149 IPC, to undergo six months” SI. The sentences were directed to run concurrently.

2. The case of the prosecution is that on 9th February 1996 Sukhwinder Singh (PW3) after getting his truck (No. HR-10-5772), which was owned by his father, loaded wi