HIGH COURT OF DELHI
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(1.) The petitioners challenge an order on charge framed by the Additional
Sessions Judge whereby they were charged of having committed offences under
Sections 308/34 IPC.
(2.) The incident by which the complainant/ informant sustained injuries
took place on 6th September, 2004 The informant, Dilip alleged that on
31.08.04, one Kamal Kishore who was riding a motor cycle, had some altercation
with him on account of over-speeding. Again on 06.09.04, in the evening
apparently there was again some altercation between the two. It was alleged
that subsequently the informant was attacked by Rahul with an iron rod and
other accused, with knife, long sticks (danda) etc. It was alleged that he fell
down unconscious. During the course of investigation, an MLC was made by the
Ram Manohar Lohia Hospital. It recorded a simple injury on the forehead of the
petitioner. He was also subjected to an X-ray of the skull. The reports were
negative; no fracture was found. The MLC also did not record any other injury
on the person of the said Dilip, the informant.
(3.) Counsel for the petitioner urged that the trial Court fell into error
in framing charge at all because even if the totality of the allegations were to
be taken into account, the material contradictions in the evidence and
statements of the witnesses about the incident as well as the nature of
injuries, would prove fatal to the prosecution story and as a result the
petitioners are entitled to be discharged. Counsel contended that in truth
the complainant/informant had fallen down and there was no question of his
having beaten up as alleged.;
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