STATE Vs. BANSI DHAR & ORS.

JUDGEMENT

(1.) PRESENT appeal has been filed by the State under Section 377(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as, "Cr.P.C.") for enhancing the sentence awarded to the respondents by the Additional Sessions Judge vide Judgment dated 20.3.2004 and the order on sentence dated 22.3.2004 in Sessions Case No. 302/2002. Brief facts of the case, as noticed by learned Additional Sessions Judge in the judgment dated 20.3.2004, are that on 11.7.1995, duty Constable Dinesh, posted at AIIMS Hospital, telephonically informed Police Station Mehrauli that one, Sh. Raj Kumar, resident of Mehrauli had been admitted by his brother, Sh. Suresh Kumar, at AIIMS Hospital in an injured condition on account of a quarrel. SI Ombir Singh along with Constable Nawal Singh reached the said hospital and obtained MLC of the injured, Sh. Raj Kumar. The injured person had been declared unfit for making a statement. No eye -witness was present at the hospital. On the basis of the MLC of the injured and the condition of his body, SI Ombir Singh got the case registered under Section 307 IPC. The place of occurrence was photographed, site plan was prepared at the instance of the eye -witness, Sh. Suresh Sharma, his statement was recorded. On 14.7.1995, the injured, Sh. Raj Kumar, was found fit for making a statement, which was recorded. In his statement, Sh. Raj Kumar levelled allegations against three persons, namely, Bansi Dhar @ Pappu; Kulbhushan; and Laxmi Narain @ Babloo, respondents herein, for beating and subsequently almost simultaneously Raj Kumar having been stabbed by respondent, Bansi Dhar, with a knife, while he was held by the respondents, Kulbhushan and Laxmi Narain, on account of some minor altercation that had taken place between the parties. Raj Kumar also narrated the instances of previous civil and criminal litigations pending between the parties. Charge sheet was filed and all the three accused persons (respondents herein) faced trial for the offence punishable under Sections 307/34, Indian Penal Code.

(2.) TRIAL court convicted the three respondents and held them guilty for the offence punishable under Sections 307/34 of the Indian Penal Code, 1860, (hereinafter referred to as "IPC") and all the three respondents were sentenced individually for the period already undergone by them in judicial custody (approximately 30 days) during the course of trial and to pay a fine of Rs. 1.00 lakh, each, and in default of payment of fine they were directed to undergo Simple Imprisonment for a period of one year.

(3.) IT is submitted by counsel for the appellant that the order passed by the trial court is manifestly wrong and while awarding the sentence, trial court has failed to appreciate the nature of offence committed by the respondents, which is grave in nature, and the trial court has failed to award the sentence prescribed under the law.