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Showing contexts for: section 323 325 506 in Sarju Prasad vs . State Of Bihar, 1965 Sc 843 (1), State on 9 December, 2009Matching Fragments
1. Brief facts of the case are that complainant Raj Kumar filed a complaint under Section 200 Cr.P.C. before learned Chief Metropolitan Magistrate, which was assigned to the concerned MM, PS-Tilak Nagar. Learned MM vide order dated 05.08.2001 directed SHO, PS-Tilak Nagar to register FIR and investigate.
2. In the complaint Ex.PW1/A, it is alleged that complainant and accused persons namely Shri Than Singh, Shiv Kumar, Urmila, Mamta, Vandana and Geeta are residing at 109 and Z-108, Vishnu Garden, Khyala as neighbourers. The complainant is a medical practitioner and running his clinic from his residence situated at Z-109, Vishnu Garden, Khyala. The wife of the complainant is also well educated. It is alleged that accused no.1 & 2 are considered as bad characters of the area and earlier then on 15.11.2000 a quarrel had taken place. But compromise arrived at between the parties. It is alleged that on 13.7.01 at about 9 pm during the night the accused no.1 armed with Halwai Palta, in :3: front of complainant's clinic came and hit at the head and due to which complainant fell down and during commotion the wife of the complainant rushed and in order to save, accused no.2,4 & 5 hit the complainant in the stomach, nose and leg. It is further alleged that due to beatings complainant and his wife both fell down and the complainant remained unconscious for 16 hours at DDU Hospital and remained admitted for about three days. In the complaint, it is alleged that accused persons committed offence punishable under Section 308/323/506/34 IPC. The police investigated the complaint and filed chargesheet against accused Than Singh, Shiv Kumar, Urmila and Mamta for trial of offence punishable under Section 325/323/506/34 IPC. Accused Ms. Vandana and Geeta shown in column no.2. On the chargesheet learned MM took the cognizance of offence punishable under Section 308/323/506/325/34 IPC.
24. On the basis of observations and discussions the prosecution failed to establish that injuries inflicted by accused persons in furtherance of their common intention fulfills the ingredients of Section 308 IPC. The intention and knowledge on the part of the accused persons to cause culpable homicide during the quarrel injuries inflicted by the accused persons was sufficient to cause culpable homicide was within the knowledge of the accused persons and they had intentions to cause culpable homicide not established beyond reasonable doubts. Hence, accused persons are acquitted for commission of offence punishable under Section 308 IPC. However, successfully proved the charge for commission of offence punishable under Section 325/323/506/34 IPC. Accordingly all the accused persons are convicted for the offence punishable under Section 325/323/506/34 IPC. Ordered accordingly.
08.12.2009.
Present: Shri Harvinder Kumar, Substitute APP for the State.
All accused on bail.
Vide separate Judgment all the accused persons are acquitted for offence punishable under Section 308 IPC. However, they are convicted for offence punishable under Section 325/323/506/34 IPC.
Put up the case for order on sentence on 09.12.2009.
(SANJAY KUMAR) ASJ-01(NW):ROHINI COURTS:DELHI.
Vide separate order convicts Shiv Kumar, Urmila and Mamta are released on probation. However, accused Than Singh is convicted for offence punishable under Section 325/323/506 IPC and sentenced to undergo RI of Six months and fine in the sum of Rs.5000/-. In default of payment of fine SI for one month for each offences.
All the sentence shall run concurrently. Copy of judgment and that of order on sentence be supplied to the accused persons today itself, free of cost, today itself. Benefit of Section 428 Cr.P.C. be given to the Convicts/Accused persons if any. Sessions file be consigned to record room.