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5. On appearance in the court of Ld. MM, the accused was supplied with the copies of charge­sheet and other documents, where­ after the matter was committed to the Court of Sessions, as the accused has been charge­sheeted for the offence punishable u/s 308 IPC. The Ld. Predecessor of this court, after hearing the counsel for the accused and Ld. Addl. P.P. for the State, vide order dated 25.10.2021 framed charge against the accused Amit, for the offence punishable u/s 308 IPC, to which he pleaded not guilty and claimed trial.

Offence u/s 308 IPC

69. The accused Amit has been charged for the offence punishable u/s 308 IPC. For ready reference, Section 308 IPC is being reproduced herein below :

FIR No. 284/2019 : PS Narela Indl. Area page 37 of 43 SC No. 450/2021 State Vs. Amit
308. Attempt to commit culpable homicide.--Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

74. Therefore, I am of the view that the blows which were given to the injured on his head, with a brick, multiple times, by the accused, clearly bring the offence within the four corners of the offence u/s 308 IPC.

75. The accused has been charged for the offence u/s 308 IPC read with section 34 IPC. Though it was the emphatic version of the complainant / injured that there were three persons on the FIR No. 284/2019 : PS Narela Indl. Area page 42 of 43 SC No. 450/2021 State Vs. Amit motorcycle, but it was primarily the accused Amit, who was the aggressor and two of his associates came in support of the accused initially, but they also did the vanishing act from the spot, soon after the quarrel became very heated. Attacking the injured with a brick and causing injuries on the head of the complainant, was the sole act of the accused, as clearly deposed by the injured Vinit Jain and PW 4 Sonu - the eye witness. In any case, no other associates of the accused have been arrested. Accordingly, since no common intention could be established, section 34 IPC is not attracted in this case.

76. In view of my discussion above, I am of the opinion that the prosecution has succeeded in proving the guilt of the accused Amit for the offence punishable u/s 308 IPC, beyond a shadow of reasonable doubt.

Accused Amit is accordingly convicted for the offence punishable u/s 308 IPC.

Digitally signed 
 SEEMA            by SEEMA

Announced in the open court                  MAINI            Date: 2023.10.13
                                                              16:51:46 +0530
today i.e. 12th October, 2023
                                           (SEEMA MAINI)
                              Principal District & Sessions Judge (North)
                                        Rohini Courts, Delhi




FIR No. 284/2019 : PS Narela Indl. Area                         page 43 of 43