AMIR @ LUNDI Vs. STATE

JUDGEMENT

(1.) By the present appeal the Appellant Mohd. Amir @ Lundi has laid a challenge to the judgment dated 29th November, 1999 passed by the learned Trial Court holding him guilty for offences punishable under Sections 186/307/34 IPC and the order on sentence dated 30th November, 1999 directing the Appellant to undergo rigorous imprisonment for a period of one month and a fine of 500/- and in default to undergo six months simple imprisonment under Section 186 IPC and for offence punishable under Section 307 IPC to undergo rigorous imprisonment for a period of three years and a fine of 3,000/- and in default of payment of fine to undergo simple imprisonment for six months.

(2.) Brief facts of the case are that in the year 1994 on 14th March, 1994 it was a day of festival of Eid and the injured Constable Madhav Singh PW4 along with other police staff was deputed at Aram Park Masjid. SI Bhim Singh PW17 with Constable Billo Singh PW6 was also present there. After the prayers, Constable Madhav Singh was patrolling in Bank Enclave, at about 12.25 p.m. when he reached opposite Kothi No. 41 and 42 on the main road, he noticed a Maruti Gypsy coming from the side of pusta. On seeing the same he became suspicious. There were four boys in the said Gypsy and in order to check the antecedents of the boys he went near the Gypsy bearing No. DL-1C-2171. However, on the glass i.e. the window screen Gypsy No. DL-1C-2071 was etched. He inquired about the name and address of the four boys sitting in the gypsy and noted their names on a piece of paper. As he was suspicious about the said gypsy bearing two different numbers on it, he asked for the document of the gypsy but the boys did not show any papers to him. One Munna @ Imran who was seated at the driver's seat was brought out from the gypsy by him for showing the documents of the gypsy. In the meanwhile, the other three boys also got down from the vehicle and tried to release Manna @ Imran from Constable Madhav Singh. During this period HC Vend Kumar PW11 and Constable Joginder PW2who were on patrolling duty seeing the boys grappling with the complainant reached at the spot. They parked their motor cycle in order to help Constable Madhav Singh but before they could help him all the four boys took out knives and started inflicting knife blows on Constable Madhav Singh as a result of which he fell on the ground and was bleeding profusely. The boys started running from the spot; two of them ran towards Lovely Public School and the other two ran towards the pusta. PW11 HC Vend Kumar and PW2 Constable Joginder Singh chased the two boys who were running towards the Lovely Public School and during the chase gave danda blows to those boys to overpower them but they managed to escape. PW11 and PW2 returned to the spot where Constable Madhav Singh was lying in injured condition. He handed over a piece of paper on which he had written the names of the four occupants of the gypsy after the inquiry. This information was passed on to SI Bhim Singh PW17who along with Constable Billo Singh PW6 reached at the spot. Constable Madhav Singh was removed to J.P.N. Hospital in the PCR. PW17 SI Bhim Singh recorded the statement of PW11 HC Vend Kumar and on the basis of which ruqqa was sent for registration of the FIR. FIR No. 121/1994 Ex.PW1/A under Sections 186/353/307/34IPC was registered at PS Shakarpur. During the course of investigation accused Mohd. Amir, Maid, Islamuddin @ Raja, Mohd. Imran @ Manna were arrested and after completion of investigation challan was filed. Accused Majid and Mohd. Amir, the Appellant herein were declared as PO by the learned Metropolitan Magistrate and the case of accused Islamuddin and Mohd. Imran was committed to be court of Sessions for Trial.

(3.) Accused Mohd. Amir was arrested subsequently. Accused Mohd. Imran @ Munna being juvenile were ordered to be tried by Juvenile Court vide order dated 8th December, 1994. Accused Islamuddin was discharged on 16th February, 1996. Accused Majid who was declared as proclaimed offender was also arrested and charged for offences punishable under Section 186/307/34 IPC. Majid thereafter again absconded and was declared proclaimed offender. Thus, trial proceeded only against Mohd. Amir@ Lundi the Appellant herein and vide impugned judgment dated 29th November, 1999,he was held guilty for offences punishable under Section 186/307/34 IPC and sentenced as mentioned hereinabove.