JUDGEMENT
PRATIBHA RANI, J. -
(1.)FEELING aggrieved, the appellants have challenged the impugned judgment dated 12.03.2004 and order on sentence
dated 16.03.2004 passed by the learned Addl. Sessions Judge,
Karkardooma Courts, Delhi, vide which all the appellants were
sentenced to undergo RI for a period of three years and fine of
Rs.5,000/ - in default of payment of fine to further undergo SI
for six months, for having committed the offence punishable
under Section 307/34 IPC.
(2.)IN brief the case of prosecution is that on 29.09.2000 at about 10.00 p.m opposite Gali No.11 near House No.4/2391,
Bihari Colony, Delhi, all the appellants, in furtherance of their
common intention, inflicted injuries to Sohan Pal (since
deceased), Om Prakash, Gamender and Anil Kumar with such
intention or knowledge and under such circumstances that if
any of the injured would have died due to said injuries, they
would have been guilty of the murder.
During the course of hearing of the appeals, the appellants and Om Prakash, son of deceased injured Sohan Lal
and two other injured namely Anil Kumar s/o Gamender Singh
and Gamender Singh, son of Shri Banwari Lal submitted that
they are neighbours. This occurrence took place in the heat of
moment and after this occurrence and disposal of the case,
they have settled their disputes amicably with the injured
persons and being neighbours they want to lead a peaceful life
in their locality.
(3.)ON behalf of the injured Sohan Lal, his son Om Prakash has filed an application for compounding of the offence,
whereas the two other injured persons namely Anil Kumar s/o
Gamender Singh and Gamender Singh, son of Shri Banwari Lal,
present in Court today, have submitted that let bygone be
bygone and the matter may be disposed of as they do not want
the appellants to undergo the substantive sentence awarded to
them by the learned Trial Court and make their families suffer
due to this. Appellants present in Court also submit that they
have learnt a lesson from the incident and now they are living
peacefully with the two injured and family of injured late and
Sohan Lal and that a lenient view may be taken against them
while disposing of their appeals.
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