KISHAN CHAND Vs. STATE

JUDGEMENT

(1.) BY this common judgment, Crl.A.717/2000 filed by appellant Kishan Chand and Crl.A.653/2000 filed by appellant Mohan Singh are being decided.

(2.) IN the aforesaid two appeals, the appellants Kishan Chand and Mohan Singh have challenged the judgment dated 16th October, 2000 and order of sentence dated 19th October, 2000 passed by the learned Additional Sessions Judge, Delhi whereby the appellants have been found guilty for the offence punishable under Section 307/34 IPC and have been sentenced to undergo RI for three years and to pay a fine of Rs.3000/ and in default of payment of fine to further undergo RI for three months. The benefit under section 428 Cr.P.C. has been given to them.

(3.) THE aforesaid statement Ex.PW6/A was recorded by SI Mool Chand PW10 who had gone to the spot on getting DD No.12A along with Constable Naresh. There he had left Constable Naresh at the spot and had gone to JPN Hospital where Dushyant Tyagi PW3 was found admitted and was stated to be unfit for statement. There Dushyant Tyagi PW6 i.e. brother of injured had met him. He along with Dayanand Tyagi, PW 6 had come to the spot and recorded his statement Ex.PW6/A and put his endorsement Ex.PW10/A and got registered FIR Ex.PW 5/A by sending the rukka to Police Station through Constable Subey Singh PW8. Both the appellants and co accusd Sunil were already there at the spot as they were secured by Constable Subey Singh PW 8 and Dhaneshwar, PW 11. SI Mool Chand, PW 10, IO had arrested them and conducted their personal search by memos Ex.PW8/A and PW8/C respectively. Constable Dhaneshwar, PW 11 produced a knife which was seized by IO, PW 10 vide memo Ex.PW6/A after completing necessary formalities. During investigation, IO, PW 10 seized the clothes of the injured from the hospital vide memo Ex.PW9/B and had also recorded the statement of injured, PW 3. The site plan was also prepared at the spot.