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2023 Supreme(Del) 3519

SWARANA KANTA SHARMA
Dalip @ Tuli – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Rajender Yadav, Advocate, for Appellant No. 2.
Mr. Arjun Pant, APP, for State with ASI Ashok and Insp. Varun Dalal, PS Jahangirpuri.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)--The instant appeal under Section 374 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the appellants against judgment dated 28.02.2011 and order on sentence dated 01.03.2011 passed by learned Additional Sessions Judge-03, Rohini Courts, Delhi in Sessions Case No. 01/2010 arising out of case FIR bearing no. 424/2008 registered at Police Station Jahangir Puri, Delhi under Sections 308/34 of the Indian Penal Code, 1860 (`IPC').

2. The facts of the present case are that on 20.08.2008 at about 7:15 pm, when the complainant had gone to the market, the accused persons i.e. the appellants had come and had demanded Rs.1,000/- from the complainant. When the complainant had refused to fulfill their demand, the appellants had hurled abuses at him and upon objection being raised by the complainant to the same, the appellant no. 1 had caught the collar of his shirt and appellant no. 2 had given a blow on his head with an iron rod/saria due to which he had started bleeding and had fallen on the ground. Accordingly, the present FIR was registered and both the accused were arrested. After completion of investigation, chargesheet was fil

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