RAM NARAYAN SHARMA @ LILOO Vs. STATE (GNCT) DELHI

JUDGEMENT

(1.) THIS appeal is arising out of the judgment dated 27th March, 2003 and order of conviction dated 28th March, 2003 in FIR No. 371/2000 under Sections 308/34 Indian Penal Code, 1860 ('IPC') registered at Police Station Kotla Mubarakpur vide which the appellant was convicted for offence under Section 324 IPC and was released on probation for a period of two years on furnishing a bond in the sum of Rs. 5,000/ - with one surety in the like amount. He was also directed to deposit Rs. 10,000/ - by way of compensation to be paid to the injured. Before coming to the grounds of the appeal, it will be in the fitness of things to have a narration of the brief history of the case.

(2.) ON 12th October, 2000 on receipt of DD No. 24A regarding quarrel at Gurudwara road, SI Shiv Raj Singh (PW6) along with Constable Shripal reached the spot. Constable Ram Vilas (PW4) recorded DD No. 25A, Ex. PW3/B, which revealed that injured has been admitted to hospital. As such, SI Shiv Raj Singh along with Constable Ramvilas reached All India Institute of Medical Sciences where injured Surender Singh was found admitted. He recorded the statement of injured Surinder Ex. PW1/A, which culminated into registration of FIR. Blood stained clothes of injured were seized. Injuries on the person of Surender Singh were opined to be simple caused by sharp edged and blunt object. Accused persons were arrested. After completing investigation, charge sheet was submitted in the Court against Janak Raj Sharma, Ram Narain @ Liloo, Shivam Sharma and Nikhil Sharma.

(3.) VIDE impugned order dated 27th March, 2003, co -accused Janakraj, Shivam and Nikhil were acquitted while observing that no convincing evidence has come on record to connect them with the crime. As regards the present appellant, namely, Ram Narayan @ Liloo is concerned, it was held that offence under Section 308 IPC is not made out against him, however, offence u/s. 324 IPC is made out, accordingly, he was convicted under Section 324 IPC and was sentenced separately, as stated above. This order is the subject matter of the present appeal.