* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 13th JANUARY, 2014
DECIDED ON : 14th FEBRUARY, 2014
+ CRL.A. 24/2011
BHOLA SHANKER & ORS. ....Appellants
Through : Ms. Neha Gupta, Advocate.
versus
THE STATE (N.C.T. OF DELHI) ....Respondent Through : Mr.M.N.Dudeja, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. Bhola Shanker (A-1) and Sher Singh (A-2) impugn a judgment dated 29.11.2010 of learned Addl. Sessions Judge in Sessions Case No. 221/2008 arising out of FIR No. 1039/2007 PS Sultan Puri by which they were convicted under Section 304 part-II IPC. By an order on sentence dated 01.12.2010, they were awarded RI for five years with fine ` 5,000/-, each.
2. Allegations against the appellants in the charge-sheet were that on 25.06.2007 at about 03.00 P.M. at Jhandewala park, P-1 Block jhuggi, Sultan Puri, they in furtherance of common intention inflicted injuries to Kailash Singh. The police machinery was set in motion when CRL.A. 24/2011 Page 1 of 11 Daily Diary (DD) No. 51B (Ex.PW-12/A) was recorded at PS Sultan Puri at 03.50 P.M. after getting information of a 'quarrel' at the spot. The investigation was assigned to HC Hattu Ram who with Const. Shashi Kumar went to the spot and came to know that the victims had already been taken by Police Control Room (PCR) to Sanjay Gandhi Memorial Hospital. After recording Dropti's statement (Ex.PW-2/A), he lodged First Information Re