PRAVEEN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Praveen Kumar, hereinafter described as the appellant, has filed the present appeal directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Delhi dated 9th March, 2001 and 14th March, 2001 respectively. The learned trial court held the appellant guilty of the offence punishable under Section 307/325 of the Indian Penal Code. Thereupon he was sentenced to undergo 7 years rigorous imprisonment and a fine of Rs.10,000/- for the offence punishable under Section 307 Indian Penal Code. In default of payment of fine he was to undergo further simple imprisonment for six months for causing injuries on the person of Maya Devi. He was further sentenced for seven years rigorous imprisonment and a fine of Rs.10,000/- for inflicting injuries on the person of Dharamdev for the above said offence under Section 307 Indian Penal Code. In default of payment of fine he was to further under go simple imprisonment for six months. He was sentenced to undergo three years rigorous imprisonment and a fine of Rs.10,000/- with respect to the offence punishable under Section 325 Indian Penal Code for inflicting injuries on the person of Harvinder Singh. In default he was to undergo further simple imprisonment for six months. All the sentences were directed to run concurrently.

(2.) The facts of the prosecution case are that law had been put to motion on 8th January, 1996 when at 11.25 AM an information was received at police station Samaipur Badli that a quarrel was going on at house no. 75, Gali no. 8, Dr. Sudhir Wali Gali, Samai Pur Badli and that knives were being used. A daily diary no. 47B was recorded. ASI Man Chand was directed to proceed to the spot for further action. Accompanied by constable Mahavir Singh he went to the said site. When he reached there the injured had already been removed to the hospital by the police control room van. Blood was lying the street.

(3.) ASI Man Chand Left constable Mahavir Singh on the spot to guard the spot and went to Hindu Rao Hospital. He obtained the medical legal reports of Harvinder Sing, Maya Devi and Dharamdev. Maya Devi's statement was recorded which became the subject matter of the first information report. She had stated that her son Harvinder Singh was cleaning the drain. She had gone inside to fetch bucket of water. She saw on coming out that Jag Pal, Punit and Praveen were giving beating to Harvinder Singh with lathis. Harvinder Singh had fallen down on the ground. Jag Pal Praveen and Punit ran towards her. Jag Pal had a lathi. Puneet too was armed with a lathi while Praveen had a knife. Jag Pal gave & lathi blow on her head. Praveen gave a knife blow on the right side of her Stomach while Puneet also gave a lathi blow on her stomach. She fell down. Thereafter they gave blows with knives and lathis on the person of Dharamdev. In the meantime, Bimla also came there with an iron pipe. Jagpal, Bimla Punit and Praveen entered their house and gave beating to their daughter-in-law.