SAGAR Vs. STATE

JUDGEMENT

(1.) THE appellant by the impugned judgment dated 27th April, 2009 has been convicted under Section 307/34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC, for short) and sentenced to rigorous imprisonment of seven years and to pay fine of Rs. 5,000/ - and in default, suffer simple imprisonment of three months.

(2.) LEARNED Amicus Curiae for the appellant has submitted that the appellant was not named by the victim/complainant -Naseem in the MLC Exhibit PW -8/7. He further submits that the appellant was arrested as per the prosecution case on 21st July, 2007 vide arrest memo Ex.PW -5/A. The co -accused Ravi Shankar @ Kale was arrested on 10th July, 2007. He has also relied upon the testimony of PW -6, Mohd. Sarver, the other eye witness and the maternal uncle of PW -2, Naseem.

(3.) PW -2, Naseem in his statement has stated that on 21st June, 2007 at about 5.30 p.m. he was present in his shop in jhuggi No. 448, J.J. Colony, Wazirpur, Delhi. He heard noise "help help" (bachao bachao). He went outside to the street and saw that three boys were trying to rob his maternal uncle Sarver Ali. He knew two assailants, viz., Ravi Shankar @ Kale and Sagar, the appellant but he did not know the third assailant. He tried to save his uncle from them. The appellant -Sagar uttered "bada badmash banta hai" (you are acting as a big hoodlum). Thereafter, co -accused Ravi Shankar @ Kale and the third person caught hold of Naseem and the appellant -Sagar took out a razor (ustra) from his pocket and and hit him on his neck. He cried for help and fell down on the ground and became semi -unconscious. The assailants ran away. Uncle and aunt of PW -2, Naseem came there and took him to Sunder Lal Jain Hospital for medical treatment. He was discharged from the hospital after three days. In his cross -examination, PW -2 Naseem has stated that the accused were known to him as they used to live in the same locality and he used to sit with his father at his kabadi shop.