MOHD ARAFIN Vs. STATE DELHI ADMIN DELHI

JUDGEMENT

(1.) By this common judgment, above three appeals are being disposed of. Above named appellants were convicted under Section 304 (1)/34 IPC by common judgment dated 27th May, 2009 passed by Additional Sessions Judge, Delhi.

(2.) Vide order dated 28th May, 2009, appellants were sentenced to undergo RI for seven years apart from fine of Rs. One Lakh each and in default of payment of fine to undergo further SI for six months. Out of this cumulative fine of Rs.5 lacs, a sum of Rs. 4.75 lacs were ordered to be paid to PW-2 Smt. Parveen (widow of deceased) and children as token compensation.

(3.) Prosecution case in nutshell is that on 21.09.04, at around 9.00 P.M. Mohd. Tasleem (complainant) was present at his house A14/109, DDA Flats, Inder Lok. Appellant Babban came outside the house and started hurling fifty abuses and called him out by shouting that his son has been beaten up by them. Complainant tried to calm him down but Babban called on his sons and they all started beating the complainant. When PW-2 Smt. Parveen (wife of complainant), PW-3 Mohd. Anees (nephew of the complainant) and PW-9 Raju (brother of complainant) came to his rescue, they were also beaten up. Appellant Mukeem was carrying a knife with which he attacked the complainant causing injury on his right hand and left thigh. Appellant Nadeem attacked PW-3 with a knife and PW-9 tried to help him but he was also injured. Appellants Mushrafeen and Babban gave fists and leg blows to PW-10 Rahisa Begum (mother of complainant). All the injured somehow tried to save themselves by running towards close by police post. Appellants exhorted that "SALOON AAJ TO BACH GAYE LAKEIN HUM TUMHEIN JINDA NAHIN CHODENGE."