ASHOK KUMAR @ PINTU Vs. STATE OF DELHI

JUDGEMENT

(1.) Ashok Kumar @ Pintu (A-1), Anil Kumar @ Mota (A-2) and Narender Kumar (A-3) were arrested in case FIR No.341/92 PS Mehrauli and sent for trial on the allegations that on 06.10.1992 at about 06.45 P.M. outside shop of Kanwar Pal Halwai, Ward No.1, Mehrauli, they in furtherance of common intention inflicted injuries with iron rod and lathi to Rajesh Kumar and Satish Kumar in an attempt to commit culpable homicide. The prosecution examined ten witnesses. The Trial Court, on appreciating the evidence, convicted all of them under Section 308/34 IPC by a judgment dated 30.06.2001 in Sessions Case No. 17/94. By an order dated 05.07.2001, they were sentenced to undergo RI for four years each. Being aggrieved, the appellants have preferred the appeal. It is relevant to note that A-2 (Anil Kumar) expired during the pendency of the appeal and proceedings against him were dropped as abated by an order dated 18.11.2010.

(2.) I have heard the learned counsel for the parties and have examined the record. The police machinery was set in motion when Daily Diary (DD) No. 12A (Ex.PW-3/B) recorded at 07.10 P.M. at PS Mehrauli on getting information about a quarrel at Harijan Basti, Mehrauli. The investigation was assigned to SI Lal Chand who with Const. Naresh went to the spot. Daily Diary (DD) No. 14/A (Ex.PW-3/C) was recorded at 08.15 P.M. when Const.Sunil Kumar informed about admission of Rajesh Kumar in injured condition at Safdarjang Hospital. The Investigating Officer lodged First Information Report after recording Rakesh Kumar's statement (Ex.PW-6/A). He gave detailed account of the incident as to how and under what circumstances the assailants had inflicted injuries to Rajesh Kumar and Satish Kumar. The assailants were named in the FIR and specific role was attributed to them. The occurrence happened at about 06.45 P.M. The FIR was lodged at 09.40 P.M. after sending rukka (Ex.PW-9/B). There was no delay in lodging the report and it ruled out fabrication of a false story.

(3.) Pw-5 (Rajesh Kumar) in his Court statement implicated all the assailants / accused persons and assigned motive for inflicting injuries as they had not contributed donation at the time of Balmiki Jyanti. He deposed that A-3 caught hold him from back and A-1 and A-2 caused injuries with iron rod and lathi. He sustained iron rod blows on his head and became unconscious. When he regained consciousness, he found an injury on his left ear also. Despite lengthy cross-examination, no material discrepancies could be elicited to disbelieve the version given by the victim. PW-6 (Rakesh Kumar) also corroborated him on material facts and deposed on similar lines regarding the role played by each assailant in inflicting injuries to Rajesh Kumar and Satish Kumar. PW-8 (Dr.N.D.Deshpandey) proved Rajesh Kumar's MLC (Ex.PW-8/A) where the injuries were opined as 'grievous' caused by blunt weapon. There is no inconsistency between the ocular and medical evidence. The injuries sustained by Rajesh Kumar are not under challenge. The appellants have pleaded that he had sustained injuries at some other place and falsely implicated them due to previous enmity. No such evidence has come on record to substantiate this fact. The injuries are not self-inflicted or accidental. The injured were not expected to let the real culprit go scot free and falsely implicate the accused persons in the absence of any prior animosity. It is true that PW-2 (Satish Kumar), the other injured, has opted not to support the prosecution and has exonerated the accused persons. However, that does not dilute the credibility of the version given by PW-5 (Rajesh Kumar). The findings of the Trial Court holding the appellants' guilty for inflicting injuries are based upon fair appraisal of evidence and require no interference. Apparently, the appellants were author of the injuries inflicted to Rajesh Kumar.