KULDIP SINGH Vs. STATE

JUDGEMENT

(1.) On 18.02.2000, the three appellants had been convicted for the offence under Section 326 read with Section 34 of the Indian Penal Code (IPC). They had been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/- each and in default of payment of fine, simple imprisonment for five months. Out of the fine so realized, a sum of Rs.10,000/- was directed to be paid to the injured Anand Prakash as compensation. Benefit of Section 428 Cr. PC had been granted.

(2.) The version as set up by the prosecution is that on 30.04.1989, an information was received that certain persons have been injured in front of house NO. 467-469, Sector 6, R.K. Puram, Delhi. Inspector Kishan Mohan (PW-7) reached the spot where it was learnt that injured have been removed to the Safdarjung Hospital. Leaving Constable Ram Dutt at the spot, the Investigating Officer reached the hospital. The injured Anand Prakash (PW-2) was unfit for statement. The statement of the complainant Ram Gopal Mishra (PW-1) was recorded. It was to the effect that he along with his relative Ram Sahai Shukla (PW-3) had gone to the market to eat "pan? where accused Surender Pal and Chinna came to them and caught hold of the neck of PW-3 and started beating him as he had teased a girl. PW-1 tried to save PW-3 but he was pushed aside. The friend of his son Sanju saved them. This was at about 07:30 PM. Thereafter at around 08:10 PM while he was sitting in his house, accused Surender Pal and Chinna along with accused Kuldip and Gurmukh Singh @ Laddu came to his house; (PW-2) who was their neighbour asked them the reason. Ved Prakash (PW-4) brother of PW-2 also came out. Thereupon accused Laddu gave a slap to PW-4 and when PW-2 tried to intervene a sword blow was inflicted upon his head. Iron blows were given to Ranbir Singh who had also come to the scene by accused Chinna. Accused persons thereafter fled away. The injured PW-2 and Ranbir Singh were removed to the hospital. Their MLCs were proved through Dr. Shalabh Kumar (PW-6). Ex. PW-6/B which is the MLC of PW-2 and has recorded that there was a 4 inch X half inch bone deep CLW on the right side of the scalp and there were three abrasions 1" X1"; the injury was opined to be grievous. X-ray reported a fracture of the right parietal bone. The MLC of Ranbir Singh Ex. PW-6/C had noted a CLW on the parietal-occipital region; it was a simple injury. Ex. PW-6/A, the MLC of accused Kuldip Singh had recorded a simple injury.

(3.) It was this evidence which had led to the filing of the chargesheet. Accused persons were charged for the offence under Section 307/34 IPC. The prosecution had examined seven witnesses of whom their star witness was Anand Prakash examined as PW-2. He has reiterated his version on oath and given a separate role to the accused. All the accused had come to the house of PW-1 and on hearing their noise PW-2, neighbour of PW-1 came out. Accused Kuldip had inquired about Bunty the son of his neighbor; accused Gurmukh Singh had given a slap to his brother PW-4 Ved Prakash; accused Surender Pal had inflicted a sword blow on PW-2 and an iron blow had been inflicted upon him by accused Charanjit Singh and when Ranbir Singh tried to intervene, he was beaten with an iron rod by accused Charanjit Singh; he thereafter became unconscious. In his cross-examination, he was confronted with his earlier version which he had given to police Ex. PW-2/DA.