JEEWAN Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the impugned judgment of learned Additional Sessions Judge dated 4th August, 2008 in Sessions Case No.1/2006 FIR No.526/1994 under Section 307/34 IPC P.S. Patel Nagar and the consequent order on sentence dated 11th August, 2008 whereby the appellants have been convicted on charge under Section 307 IPC read Section 34 IPC and sentenced to undergo R.I. for a period of 5 years each as also to pay fine of Rs.2000.00 each, failing which to undergo S.I. for a period of one month respectively.

(2.) BRIEFLY stated, allegations against the appellants are that on 31st July, 1994 while complainant Sunil Kumar was going on his cycle from DMS Colony, Shadipur towards Patel Nagar, he was hit by a two-wheeler scooter on which three persons, including the appellants were travelling. Consequent upon the accident, cycle of Sunil Kumar had got damaged and he asked the scooter riders to pay for the repair of cycle. They left the spot saying that they did not have money and promised to come back in a short while. Complainant Sunil Kumar, thereafter, went to a cycle repair shop to get his cycle repaired. While he was present at cycle repair shop, the appellants and their co-accused came there and assaulted the complainant. He was given stab injuries on his lips as well as his chest. Thereafter, the appellants and the co-accused ran away.

(3.) IN order to bring home the guilt of the appellants, prosecution has examined 19 witnesses, including the complainant Sunil Kumar and other eye witnesses.