AFSAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Vide the instant appeal, the appellants have assailed the judgment dated 26.08.2011 and order on sentence dated 29.08.2011 in case titled as State Vs. Afsar and others in Sessions case No. 29/09 in case FIR 301/2004 under Sections 307/324/34 IPC, wherein the appellants were sentenced to undergo RI for 03 years and fine of Rs.5,000/- each under Section 307 IPC and further to undergo SI for 06 months for the offence punishable under Section 324/34 IPC and fine of Rs.1000/- Both the sentences were to run concurrently. Benefit of Section 428 Cr.P.C. has been given to the appellants.

(2.) By the aforesaid impugned judgment, two co-accused namely Salim s/o Shakeel and Sanjay Kashyap @ Sonu were acquitted by the Trial Court on the same set of evidence, whereas, the appellants have been convicted.

(3.) Brief facts arising out of this case are that on 04.08.04 at about 10:15 PM, on receipt of an information with regard to occurrence of a quarrel and causing injury by using of chhura/knife at 150 Gali No. 1, 2 nd Pushta Sonia Vihar, ASI Dharam Pal Singh along with Const. Khem Chand reached at the spot. On reaching there they saw Rajender S/o Sh.Havans Lal, R/o 150 B Block, Gali No. 1, 2 nd Pushta Sonia Vihar, Delhi, stained with blood. All the injured namely Rajender, Krishan and Shakuntla were taken to GTB Hospital by PCR Van, where they all were medically examined vide MLC No 2493/04, 2637/04 and 2694/04 respectively. Nature of injuries was opined as 'caused by sharp weapon.' On the MLC of Rajender, he was declared unfit for statement and on the MLC of Shakuntla, the nature of injuries were opined as a simple caused by 'blunt weapon' and on the MLC of Krishan, nature of injuries was opined as simple caused by 'sharp object.'