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2016 Supreme(Del) 1950

S.P.GARG
RAM NIVAS – Appellant
Versus
STATE – Respondent


Advocates Appeared:
For the Appellant :Mr. Anurag Jain, Advocate.
For the Respondent: Mr. Tarang Srivastava, APP.

JUDGMENT :

S.P. GARG, J.

1. Aggrieved by a judgment dated 08.02.2005 of learned Additional Sessions Judge in Sessions Case No.18/04 arising out of FIR No.50/2002 registered at Police Station Inderpuri whereby the appellant Ram Nivas (A-1), Chattar Singh (since expired), Atrey @ Atar Singh (A-2) and Parmod (A-3) were convicted for committing offences punishable under Section 308/34 IPC, they have filed the instant appeals. A-1 was further convicted by the said judgment for committing offence under Section 354 IPC. The appellants were sentenced to undergo Rigorous Imprisonment for four years with fine Rs. 10,000/-each under Section 308/34 IPC. A-1 was further sentenced to undergo RI for one year with fine Rs. 5,000/-under Section 354 IPC. The sentences were to operate concurrently.

2. Briefly stated the prosecution case as stated in the charge-sheet was that on 20.03.2002 at around 8.00 a.m. in front of House No.WZ-356, Village Dasghara, the appellants in furtherance of their common intention voluntarily inflicted injuries to Jai Singh, Satto and Babita with ‘lathies’ in an attempt to commit the offence of culpable homicide. They also inflicted injuries to Ajay and Kanta. The incident w














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