SURENDER Vs. STATE

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment dated 14.05.2003 passed by learned Additional Sessions Judge in Sessions Case No.430/1996 arising out of FIR No.253/1990 u/s 307/323/452 IPC, P.S. Mehrauli vide which the appellants were held guilty for offences u/s 452/ 323/307 r/w Section 34 IPC and the order dated 23.05.2003 vide which they were sentenced as under:-

(2.) PROSECUTION case emanates from the fact that on 05.10.1990, on receipt of D.D No.17A, Ex.PW 11/A, SI O.P.Yadav (PW11) along with HC Tara Chand (PW8)and Const. Anil Kumar went to house of Sahib Singh in village Neb Sarai, where he came to know that injured have been removed to hospital. After leaving HC Tara Chand at the spot, he along with Const. Anil Kumar went to AIIMS where he found injured Jal Singh, Sahib Singh, Basanti Devi and Preet Singh admitted there. Injured Jal Singh, Basnti Devi and Sahib Singh were declared 'fit for statement while Preet Singh was declared 'unfit for statement. Statement of Jal Singh was recorded who stated that he is resident of village Neb Sarai. On 05.10.1990 he along with Preet Singh was sitting on the shop of building material. At about 8.30 p.m. some person from the village came and informed that some villagers had entered their house and were beating their father. He along with his brother went to his house and saw that blood was oozing out from the head of his father and from both hands of his mother. On enquiry, his father told him that he and his mother, after taking dinner, were talking to each other. All of a sudden, Deep Chand and his sons Ram Karan, Ram Kumar and Jagdish came armed with jelly and lathies in their hands. Deep Chand caught hold of his father; Jagdish caught hold of his wife; Ram Karan hit his father with lathi on his head; Ram Kumar hit his mother on hand with jelly and after giving injuries to them they fled away from the spot. While he was taking his parents to hospital, son of Jagdish, namely, Satyawan, Surender and Raj Kumar, son of Ram Mehar came. They were having lathies and Jelly in their hands. All of them came inside their house and threatened to finish them. Raj Kumar caught hold of him and Surender hit Jal Singh on his head. When his brother Preet Singh tried to stop him, Satyawan hit his brother on his head with jelly and also hit him on his hand and then the ladies of the house came there to stop him and threw stones on them and raised alarm. When the neighbours came, all the accused persons ran away from the house. All the accused had entered the house and gave injuries with intention to kill them. This statement culminated in registration of FIR against the accused persons.

(3.) IN order to substantiate its case, prosecution examined 11 witnesses. During the pendency of the trial, two of the accused, namely Ram Kumar and Deep Chand expired. All the incriminating evidence was put to the accused persons while recording their statements u/s 313 Cr.P.C in which they denied the case of prosecution, claimed innocence and alleged false implication in this case. Vide impugned order, the appellants were held guilty of offence u/s 452/323/307 IPC read with Section 34 IPC and were acquitted of the charge for offence u/s 506/34 IPC. Feeling aggrieved by this order, the present appeal was filed by five appellants. However, during the pendency of the appeal, appellant No.1 Surender and appellant No.3 Jagdish have expired.