Delhi District Court
State vs . Prince & Ors. on 4 April, 2018
IN THE COURT OF Ms. SHIVALI SHARMA
CHIEF METROPOLITAN MAGISTRATE
EAST: KARKARDOOMA COURT: DELHI
FIR No. : 312/10
PS : Kalyan Puri
u/s : 324/341/34 IPC
STATE Vs. PRINCE & ORS.
JUDGMENT
A Unique ID No. of the New No. 7886/16 case B Name of the Parvesh complainant C Name of the accused 1. Prince & his parentage and S/o Parbhwan address R/o 2/ 330, Trilok Puri, Delhi
2. Sawan @ Parshant S/o Parbhwan R/o 2/ 330, Trilok Puri, Delhi D Offence Complained of 324/341/34 IPC E Date of commission of 24.09.2010 offence.
F Date of Institution 17.03.2011 G Offence Charged U/s 324/341/34 IPC H Plea of the accused Pleded not guilty I Order Reserved on 04.04.2018 J Date of 04.04.2018 Pronouncement K Final Order Convicted u/s 324/34 IPC Acquitted u/s 341/34 IPC on the basis of compromise
BRIEF STATEMENT OF THE REASONS FOR THE DECISION State Vs. Prince & Ors. FIR No. 312/10 PS Kalyan Puri No.1/4 PROSECUTION'S CASE 1 The story of the prosecution is that on 24.09.2010, at about 09.00 pm, at block no. 1, Trilok Puri, near Sarvodya Kanya Bal Vidayala Park, Delhi within the jurisdiction of PS Kalyan Puri accused Prince and Sawan voluntarily caused simple hurt on the person of complainant Parvesh with sharp object and restrained him from proceeding in the direction in which he had a right to proceed and there by committed offence u/s 324/341/34 IPC. FIR 2 On the basis of the complaint (Ex. PW 3/A), present FIR (Ex. PW 3/A) PS Pandav Nagar under section 324/341/34 IPC was lodged on 25.09.2010.
CHARGE 3 After investigation, charge-sheet under section 173 Cr. P.C was filed on 17.03.2011.
4 On the basis of the charge-sheet and after compliance of Sec.207 Cr.P.C., a charge for the offence punishable under section 324/341/34 IPC was framed against both the accused persons and read out to them, to which he pleaded not guilty and claimed trial on 25.10.2012.
PROSECUTION EVIDENCE 5 To bring home the guilt against the accused prosecution has State Vs. Prince & Ors. FIR No. 312/10 PS Kalyan Puri No.2/4 examined 3 witnesses in all:
6 PW1/ HC Narender is the formal witness being the duty office who proved the registration of the present FIR as Ex. PW 1/A and endorsement made on the rukka is Ex. PW 1/B. 7 PW2 is ASI Sukhdev Wani is again a formal witness who had recorded DD No. 34-A dated 24.09.2010 and proved its copy as Ex. PW 2/A. 8 PW3/ is the complainant Parvesh Kumar who was partly examined in chief. However, his examination is deferred. 9 In the meanwhile, theparties entered into a compromise and a compensation of Rs. 10000/- was given to the complainant by the accused persons and the complainant gave his statement for compounding of offence u/s 341/ 34 IPC. As regards, offence u/s 324/34 IPC, the accused gave their statements of pleading guilty. He was explained the consequences of pleading guilty and also made aware that they are not bound to plead guilty. But they have given their voluntarily statement of plea of guilt.
10 Considering the statement of the complainant the offence u/s 341/34 stands compounded and accused are acquitted for the said offence. Both the accused persons namely Prince and Sawan @ Prashant are convicted on their plea of guilty for offence u/s 324/34 IPC.
State Vs. Prince & Ors. FIR No. 312/10 PS Kalyan Puri No.3/4 11 Be heard on the point of sentence separately.
ANNOUNCED IN THE OPEN COURT ON 04.04.2018 (SHIVALI SHARMA) CMM(EAST)/KKD/04.04.2018 Certified that this judgement contains 4 pages and each page bears my signatures.
(SHIVALI SHARMA)
CMM (EAST)/KKD/04.04.2018
Digitally signed by
SHIVALI SHARMA
SHIVALI Location: East
District
SHARMA Karkardooma
Courts Delhi
Date: 2018.04.04
12:32:52 +0530
State Vs. Prince & Ors. FIR No. 312/10 PS Kalyan Puri No.4/4