PANKAJ AND ORS Vs. STATE AND ORS

JUDGEMENT

(1.) Present appeals are directed against the judgment dated 23.3.2005 and order on conviction dated 28.3.2005 passed by learned Additional Sessions Judge, Delhi, whereby the appellants have been directed to undergo four years Rigorous Imprisonment (RI) with fine of Rs.1000/- for the offence punishable under Sections 307/34 IPC and in default of payment of fine, to undergo RI for three months. It was also directed that the period for which the appellants remained in jail would be set off in view of the provision contained under Section 428 Cr.P.C. and benefit of the same would be given to the persons if required.

(2.) The case of the prosecution, as noticed by learned trial court, are as under:

(3.) Learned counsel for the appellants submits that the testimony of the prosecution witnesses is not reliable nor trustworthy. It is further submitted that PW-1, complainant, Anil Kumar, has completely resiled from the version of the prosecution in his statement recorded on 29.7.2001. According to PW-1, appellants did not cause any injury to him. He has deposed that 4-5 persons were quarrelling with each other and when they came near his rehri, one of the 4-5 persons had pushed him due to which he fell on the rehri and some sharp article caused injuries to him. He further testified that due to darkness he could not identify those 4-5 boys, who had pushed him. This witness was declared hostile. In his cross-examination by the learned Public Prosecutor PW-1 denied having made any statement to the Police. Counsel further submits that the appellant, Dharmender, was declared a Proclaimed Offender and in his absence challan against the other appellants, namely, Kanwar Pal, Pawan and Pankaj, was filed in Court. After recording testimonies of some of the witnesses, Dharmender was arrested and a supplementary challan was filed against him. In view thereof the witnesses whose evidence had already been recorded, were again called and thereafter statement of PW-1, Anil Kumar, was again recorded on 28.9.2004. Similarly statement of PW-2 was also recorded again.