FIROZ KHAN Vs. STATE

JUDGEMENT

(1.) These are two appeals filed against the conviction under section 326/34 of the Indian Penal Code by the judgment dated 12.09.2000 passed by the Addl. Sessions Judge, Delhi. It is not necessary to examine the facts or the impugned judgment in detail. It is sufficient to notice the basic facts leading to the conviction. On 19.01.1999 which was the day of Eid, both the accused Firoz Khan, Mohd. Shakeel along with Javed and the injured Asgar Hussain were taking a stroll and all of a sudden Javed took out a knife and stabbed Asgar Hussain who was being held by the accused Mohd. Shakeel. Accused Firoz Khan also appears to have inflicted a knife injury on Asgar Hussain.

(2.) It is stated by the learned counsel appearing for the appellants that Firoz Khan has undergone more than three years of the sentence and Mohd. Shakeel has undergone less than one year of the sentence. It is also stated that both of them have now been reformed and assimilated into the society, and about 14 years have passed after the date of the incident. Accused Firoz Khan, it is stated, is married and has two minor daughters aged 3 1/2 years and 2 years. He is living with his parents and is working as a conductor in a private vehicle.

(3.) I have considered the arguments of both the sides and I have also examined the impugned judgment. From a consideration of all these, it appears to me that it was only after Javed inflicted the first injury, and apparently emboldened by that, that the accused Firoz Khan also inflicted a knife injury on Asgar Hussain. Mohd. Shakeel did not inflict any knife injury on Asgar Hussain but had only caught hold of him. It further appears that there was no previous history of any enemity between any of the accused persons and the victim. Any motive is, therefore, ruled out. There was no intention to kill as has been brought out by the learned Addl. Sessions Judge.