NANAK Vs. STATE

JUDGEMENT

(1.) SINCE the appeal has reached for hearing and none appears for the appellants I appoint Ms.Saahila Lamba, Advocate, who is on the panelof the Delhi High Court Legal Service Committee as the Amicus Curiae to argue the appeal on behalf of the appellants.

(2.) FEE of the learned Amicus Curiae shall be paid by the Delhi High Court Legal Services Committee.

(3.) BRIEFLY stated, the case set up by the prosecution against the appellants was that on January 03, 2002, the police recorded the statement, Ex.PW-1/A, of Mahesh PW-1, to the effect that on January 02, 2002, at about 08.30 P.M. he was standing in the corner of a street when appellants; Nanak, Arun @ Chotu, Nitin @ Bittoo and Tarun who were his neighbours came and started beating him. At that time appellant Nanak was armed with a sword, appellant Arun @ Chotu was armed with an iron rod and appellants Nitin @ Bittoo and Tarun were armed with hockey sticks. Due to the assault he fell on the ground and lost consciousness. He was removed to AIIMS where Dr.A.G.Mukherjee PW- 9 examined him and rendered medical aid as also prepared the MLC Ex.PW-9/A.