JUDGMENT

Swarana Kanta Sharma, J. The present appeals under Section 374 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") have been filed by appellants against the judgment dated 23.05.2009 and order on sentence dated 26.05.2009 passed by learned Additional Sessions Judge, Dwarka Courts, New Delhi in case FIR bearing no. 702/2005, registered at Police Station Dabri, New Delhi.

2. The above-captioned appeals were admitted and the sentences of appellants were suspended vide order dated 05.06.2009 by this Court.

3. Briefly stated, the case of prosecution, before the learned Trial Court, was that on 05.10.2005 at around 9:30 AM, when the complainant Bhagirath and his son Jaswant were passing by a store in Sagarpur to catch a bus for Paharganj, Delhi, two persons i.e. the appellants herein had come on a motorcycle, parked the same in front of the complainant, and had taken out an iron rod from the motorcycle and started hitting the complainant on his legs. As a result, the complainant had fallen down and when his son had made efforts to save the complainant, he too was hit on the head by the appellants with iron rod. It was further alleged that after hitting mercilessly, appellants h