RAM AVTAR Vs. STATE

JUDGEMENT

(1.) This are four appeals against the Judgment dated 27th November and Order on Sentence dated 2nd December 2004, whereby the appellants were convicted under Section 307/323/201 of IPC read with Section 34 thereof and appellants Ram Avtar and Ram Chander were sentenced to undergo RI for seven years each and to pay fine of Rs.5000/- each or to undergo RI for six months each in default whereas the appellants Kailash Chand and Girija Shanker were sentenced to undergo RI for four years each and to pay fine of Rs.2,000/-each or to undergo RI for six months each in default. The appellants Ram Chander and Ram Avtar were also sentenced to undergo RI for six months each and to pay Rs.1,000/- each or to undergo RI for three months each in default, whereas the appellant Kailash Chand and Girija Shanker were sentenced to undergo RI for three months each and to pay fine of Rs.500/-each or to undergo RI for one month each in default under Section 323 IPC. No separate sentence under Section 201 of IPC was awarded to the appellants. The sentences were directed to run concurrently.

(2.) On 17th September, 2001, an information was received at Police Control Room at about 04.00-05.00 pm that there was quarrel amongst 4-5 persons near Inderlok red light. On receipt of this information, the Investigating Officer of this case went to the spot and found a motorcycle parked there. On inquiry, he came to know that the injured had been taken in an auto-rickshaw. At about 7.00 pm, the complainant Vikas Kumar came to Police Post Inderlok and lodged an FIR. He alleged that his friend Avinash @ Babloo was married to the younger daughter of Ram Avtar, with whom he had a love affair and that had annoyed Ram Avtar and his family. He further alleged that on that day, Ritu called Avinash on telephone and asked him to come to Inderlok where she was staying with her sister, so that the matter could be resolved with her brother and father who also were to come to Inderlok. Both of them reached the park near Inderlok red light and were waiting there when Ram Avtar, his brother Ram Chander, his father Girija Shanker and another person unknown to him came there and started beating Avinash @ Babloo. Ram Chander held Avinash, whereas Kailash gave fist and leg blows to him. Ram Avtar picked up a brick lying on the spot and started causing injuries on the head of Avinash. The fourth person was giving fist and leg blows to Avinash from his back. When the crowd gathered there, the assailants took Avinash with them in an auto-rickshaw saying that he was their brother-in-law. He further stated that from the spot, he went to the house of Avinash to inform his family members and when he came back to the spot and found the motorcycle to be missing. The Police Constable, who was present on the spot, told him that the motorcycle had been taken to Inderlok Police Post, whereupon he reached the Police Post and reported the matter to the police.

(3.) The prosecution examined 19 witnesses in support of its case. Two witnesses were examined in defence.