CHUNI LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 8th April, 2003 in Sessions Case 116/2001 arising out of case FIR No. 302/96 under Section 307/34 IPC, PS Anand Parbat vide which the appellants were convicted for offence under Section 307/34 IPC and order on sentence dated 10th April, 2003, whereby both the convicts were sentenced to undergo rigorous imprisonment for three years and were also sentenced to pay a fine of Rs.1,000/- each, in default of payment of fine to undergo simple imprisonment for one month.

(2.) Prosecution case emanates from the fact that on receipt of DD No.49B dated 7th October, 1996, Ex.PW3/C, SI Amleshwar Rai (PW9) along with Ct. Dharambir Singh (PW7) and Ct. Vijender Singh (PW4) reached the spot, i.e., public lane near House No.353/2, Gali No. 1, Than Singh Nagar, where it was revealed that injured had been taken to Jeewan Hospital. After leaving Constable Vijender at spot, SI Amleshwar left for Jeewan Hospital along with Constable Dharambir where he collected MLC of injured Kulbhushan @ Kundan who was declared unfit for statement. Nirpaksh Dass, brother of the injured was available who gave a statement Ex.PW-8/A alleging, inter alia, that on 7th October, 1996 at about 11.00 p.m. he was present at his house. On hearing some noise in the street, he came out and saw accused Chuni Lal and Nihal Singh @ Kali attacking his younger brother Kulbhushan @ Kundan with sword and knife. Both the accused gave several blows with sword and knife on the person of his brother as a result of which he fell down. He rushed to the spot to rescue his brother and called remaining members of the family. Both the accused ran away from the spot. He was informed by his brother that when he asked accused persons not to abuse, they became infuriated and attacked him with sword and knife.

(3.) Charge for offence under Section 307/34 IPC was framed against all the accused persons to which they pleaded not guilty and claimed trial. In order to substantiate its case, prosecution examined ten witnesses. All the incriminating evidence was put to accused persons while recording their statements under Section 313 Cr. P.C. wherein they denied the prosecution allegation and alleged false implication in this case. They denied any such incident having taken place. It was alleged that Kulbhushan was not of good character and he used to bring girls and people suspected him to be of bad character dealing in such bad business and when they objected, Kulbhushan got them implicated in this case. However, they did not prefer to lead any evidence.