MAHENDER KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by Mahinder Kumar and another, hereinafter described as the appellants, directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Delhi dated 7th April, 2001 and 11th April, 2001. The learned trial court held the appellants guilty of the offences punishable under Section 304 Part II and Section 324 Indian Penal Code. For the offence punishable under Section 304 Part II, appellant Mohinder was sentenced to undergo rigorous imprisonment for three years and a fine of Rs.5000/-. In default of payment of fine he was to undergo further rigorous imprisonment for two years. For the offence punishable under Section 324 Indian Penal Code he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1OOO/-. In default he was to undergo further rigorous imprisonment for three months. Both the sentences were to run concurrently. So far as Pratap, appellant, is concerned he was given the benefit of Probation of Offenders Act. Instead of being sentenced he was directed to be released on bail on furnishing a personal bond to a sum of Rs.10,000/- with one surety of the like amount and to appear and receive sentence whenever called upon during the period of three years, if required. In the meantime, he was to keep peace and be of good behaviour. He was also to pay a compensation of Rs.15,000/- to the wife of the deceased.

(2.) The facts of the prosecution case are that Bal Kishan Suri is the deceased. Before his death he lived with his wife Urmila and son Sanjeev Kumar. They lived in house no. BB-79B, Shalimar Bagh, New Delhi. On 23rd October, 1987 Jagdish Chander, brother in law of Bal Kishan with his son Aashish had come to their house. They were bursting crackers in front of the house. Sanjeev Kumar had kept a 'hawai" in a bottle. The bottle had tilted and the cracker went along with the earth. At that time Mahinder and his brother Pratap Singh were coming. Mahinder threatened Sanjeev and Aashish and abused them. There was an altercation and Bal Kishan had also come to the spot. When Bal Kishan tried to save Sanjeev and Ashish, Mahinder, appellant had given a fist blow as a result of which Bal Kishan had fallen and his forehead was hurt. Many persons intervened and both the appellants left the spot.

(3.) Thereafter Sanjiv and his cousin started playing on the road. After about 10 minutes both the appellants came there. They tried to pick up quarrel with Sanjiv and Ashish and at that time also other residents intervened. Appellants went back. After about 20 minutes both the appellants came with four or five other.persons when Sanjiv and Ashish were taking to each other. Both appellants started quarrelling with them. On hearing the noise Bal Kishan came out. Mahinder pushed Bal Kishan and gave him a knife blow which landed on the left side of the waist of Bal Kishan. Sanjiv Kumar was also given a knife blow which hit on the left arm pit, left hand and left thigh. Ashish was also given a knife blow on the left cheek of the said person below the eye.