Ashwani Kumar @ Bindu & Ors vs State Of Nct Of Delhi on 29 February, 2012

[Cites 3, Cited by 2]

Delhi High Court

Ashwani Kumar @ Bindu & Ors vs State Of Nct Of Delhi on 29 February, 2012

Bench: Suresh Kait

$~3
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+               CRL.A. No.625/2009

%               Judgment delivered on: 29th February, 2012


ASHWANI KUMAR
@ BINDU & ORS                                              ..... Appellants
                            Through: Mr. Anil Soni, Adv.

                            versus

STATE OF NCT OF DELHI                       ..... Respondent
                  Through: Ms. Rajdipa Behura, APP for State.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the instant Appeal, appellants have assailed the impugned judgment and order on sentence dated 12.08.2009 and 13.08.2009 respectively whereby they were held guilty and convicted and under Section 308/34 Indian Penal Code, 1860 sentenced to undergo RI for a period of 2 years with fine of Rs.2,000/- each and in default of payment of fine they shall further undergo SI for a period of 6 months.

2. Ld. Counsel for the appellants submitted that though vide the instant Appeal, they have challenged impugned judgment and order on sentence mentioned above, however, on instruction he has prayed that while maintaining the conviction, they may be released on probation.

Crl. A. No. 625/2009 Page 1 of 3

3. Vide order dated 16.02.2012, SHO, PS-Uttam Nagar was directed to verify as to the criminal record of the appellants from the Crime Report Office and submit the report.

4. Pursuance to that, status report dated 22.02.2012 has been filed. On perusal of the instant report, it is revealed that no other case is pending against the appellants or they ever convicted by any court.

5. It is further submitted that appellant no. 1 is a shop keeper and has been running a grocery shop in the neighbourhood and he has no criminal antecedents. Appellant no. 2 is a Bus conductor having no criminal antecedents and appellant no. 3 was merely 18½ years at the time of incident and was pursuing his graduation from Maharana Pratap College at Ambe, District Una (H.P.), bearing a good character in college and no bad / criminal antecedents.

6. Ld. Counsel for the appellants has furnished an FIR no. 92 dated 24.03.2009 wherein a case against the complainant has been registered under Section 365 Indian Penal Code, 1860, which proves his conduct.

7. Ld. APP on the other hand submits that PW-1 and PW-2 have fully supported the case of the prosecution and the injuries received by the complainant have been opined to be grievous in nature as there was a fracture in Occipital bone. The said injuries are on vital part of the body, therefore the appellants are guilty of culpable homicide not amounting to murder. Therefore the prayer of the appellants may not be allowed.

Crl. A. No. 625/2009 Page 2 of 3

8. Keeping in view the submission of learned counsel for appellants as they all belongs to poor strata of society and the status report into view, while maintaining the conviction, order on sentence dated 13.08.2009 is modified to the extent that they shall be released on probation for good conduct and behaviour for a period of 1 year.

9. The appellants are directed to appear before the Trial Court /Successor Court and furnish requisite bond for good conduct and behaviour for a period of 1 year within 2 weeks.

10. I here make it clear that in the event of failure of the bail bond, he shall suffer the remaining imprisonment.

11. Accordingly, Crl. A. 625/2009 is partially allowed and disposed of on the above terms.

12. No order as to costs.

SURESH KAIT, J FEBRUARY 29, 2012 Jg Crl. A. No. 625/2009 Page 3 of 3

Unlock Advanced Research with PRISMAI

Delhi High Court