RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) THE facts leading to the filing of the present appeal by convicts Raj Kumar and Jitesh @ Tie are that on 13.10.2006 vide DD No.48-B Ex.PW2/A information was received at PS Hauz Qazi at 11.15 PM about a quarrel taking place at House No.855, Gali Beri Wali, Kucha Pati Ram, Bazaar Sita Ram. SI Sombir Singh alongwith HC Shiv Ram reached the spot where he found number of public persons gathered. The complainant Sachin Gupta (PW-1) handed over appellant Raj Kumar alongwith one knife claiming that knife was recovered by the public persons from the hand of Raj Kumar.

(2.) SACHIN Gupta made statement Ex.PW1/A to the effect that on that day he alongwith his cousin Dheeraj Nath Gupta returned from his workplace and got down at Ramlila Ground where the Wagon-R in which they were travelling, was parked. Dheeraj picked his scooter from there and dropped him outside his gali. At 10.30 PM, while he was walking towards his house and reached near his house, he was surrounded by Jitesh @ Tie, Ajeet, Raj Kumar and one other person, whom he could identify. He knew these persons as they were residing in the adjoining gali. They asked for some money and on his refusal, they decided to teach him a lesson for refusal.

(3.) THE appellant Jitesh, who was convicted under Section 392/34 IPC and sentenced to undergo RI for five years with fine of Rs.5000/-, vide order dated 27.09.2011 passed by this Court, was sentenced to the period already undergone by him in custody after he spent four years (including remission period of five months and eighteen days) out of the total sentence of five years awarded to him. The sentence of fine was also waived in view of his poor financial condition.