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1. Briefly stated the case of the prosecution is that on 30.01.2017 during 9:30 to 09:45 am at Shop No. 2, 156, Savitari Nagar, Malviya Nagar, New Delhi, accused entered into aforesaid shop belonging to the complainant Sh. Harish Wadhwa armed with baseball bat having made preparation for causing hurt/assault upon him. Further, the accused assulted the complainant voluntarily with the said baseball bat and caused grievous injuries to him and while doing so the accused extended threats to kill him and thereby committed an offence punishable u/s. 452/325/506 (II) IPC

9. I have heard the arguments and perused the record.

REASONS FOR DECISION:-

10. It is the case of the prosecution that on 30.01.2017 during 9:30 to 09:45 am at Shop No. 2, 156, Savitari Nagar, Malviya Nagar, New Delhi, accused entered into aforesaid shop belonging to the complainant Sh. Harish Wadhwa armed with baseball bat having made preparation for causing hurt/assault upon him. Further, the accused assulted the complainant voluntarily with the said baseball bat and caused grievous injuries upon the him and while doing so the accused extended threats to kill him. Therefore, he was charged with the offences punishable u/s. 452/325/506 (II) IPC.

11. At the outset it is pertinent to mention that 'perparation' is the 'genesis' of offence u/s. 452 IPC and to bring home the offence u/s. 452 IPC, the prosecution has to prove :-

(a) That the accused committed house-trespass as defined in Section 442 IPC;

(b) That the said house-trespass was committed after the accused made preparation for causing hurt, or for assaulting, or for wrongfully restraining a person, or for putting some person in fear, or assult, or wrong restrain.