MUKESH Vs. STATE

JUDGEMENT

(1.) These two appeals have been preferred by Mukesh and Pratap Singh against common judgment dated 08.3.2000 whereby both the appellants along with two co-accused Rajender Singh Negi and Parminder Singh had been convicted under Sections 324 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC) and had been sentenced to undergo RI for one year; since Rajender Singh Negi had already undergone the aforesaid period, he was ordered to be released. Accused Parminder had been declared as a proclaimed offender. Convicts Pratap Singh and Mukesh has to suffer the sentence.

(2.) The nominal roll of both the accused has been summoned.

(3.) The case as set up by the prosecution is that on 28.3.1994 Ashok Kumar and Mohan were sitting at their Halwai Shop at Badarpur; this was in the evening at about 5.15 PM. Accused Pratap Singh accompanied by two other persons, carrying a knife started abusing them; Mohan got scared and went to the corner of the lane. The accused persons ran after him; accused Pratap gave knife blow to Mohan and other two accused also caught hold of him. When Ashok tried to intervene accused Pratap hit him with a knife in his stomach, this was followed by knife blows upon Ashok by another co-accused; the other two accused were holding both the brothers. It appears that this dispute had been triggered on account of Pratap abusing the mother of Ashok.