* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 30th APRIL, 2014
DECIDED ON : 17th JULY, 2014
+ CRL.A.No.520/2012 & CRL.M.B.Nos.103/2014 & 258/2014 TINKU @ SANDEEP & ORS. ..... Appellants Through : Mr.R.K.Giri, Advocate for A1&A3.
Mr.Javed Ahmad, Advocate with
Mr.Zishan Khan, Advocate for A2.
VERSUS
THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.Lovkesh Sawhney, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. Challenge in this appeal is to a judgment dated 17.04.2012 of learned Addl. Sessions Judge in Sessions Case No. 404/09 arising out of FIR No. 160/2009 PS Narela by which the appellants - Tinku @ Sandeep (A-1), Bintoo (A-2) and Sumit @ Dhoni (A-3) were convicted under Sections 307/34 IPC. By an order dated 20.04.2012, A-1 and A-2 were awarded RI for three and a half years with fine ` 10,000/- each and A-3 was sentenced to undergo RI for five and a half years with fine ` 10,000/-.
Crl.A.No.520/2012 Page 1 of 12
2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on the night intervening 03/04.06.2009 at about 12.30 (night) in Gali No.17B, Savtantra Nagar, Narela, the appellants sharing common intention inflicted injuries to Surender Singh @ Kaku in an attempt to murder him. The information about the incident