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2022 Supreme(Online)(DEL) 4210

HIGH COURT OF DELHI
THE STATE ( NCT OF DELHI) – Appellant
Versus
VARUN DASS & ANR – Respondent


JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present Criminal Revision Petition filed under Section 397(1) of Code of Criminal Procedure, 1973 is directed against the impugned order dated 13.09.2017 passed by learned Additional Sessions Judge-03, Shahdara District, Karkardooma Courts, Delhi vide which both the respondents herein were discharged in case FIR bearing no. 1146/2014, under Section 308/34 of the Indian Penal Code, 1860, (hereinafter as „IPC‟) registered at Police Station Madhu Vihar.

Factual Background of the case

2. Briefly, the facts of the present case are that on 07.10.2014 at about 09.00 pm, the complainant along with his friend was going to Madhu Vihar. On the way when he had reached near Joshi Colony, accused/respondent no. 1 had called him on the pretext that he wanted to talk to him. When the complainant and respondent no. 1 were talking to each other, respondent no. 2 had hit on the head of the complainant from the back side with an iron rod while respondent no. 1 had caught hold of him. Respondent no. 2 had again hit him with an iron rod. Respondent no.1 hit him with a sharp edged weapon on the back and stomach. The complainant ran towards Hanuman Mandir near Samudai

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