NATHU RAM Vs. STATE

JUDGEMENT

(1.) BY way of present appeal, a challenge has been made to the judgment dated 8th May, 2000 and order of sentence dated 15th May, 2000, both passed by the learned Additional Sessions Judge in case SC No.162/96 arising out of FIR no.401/94 Police Station Desh Bandhu Gupta Road under section 307/34 IPC whereby the learned Additional Sessions Judge has held the appellants, i.e. accused persons namely, Nathu Ram, Kapoor Chand and Ved Prakash guilty for the offence punishable under section 324/34 IPC and sentenced them to undergo RI for one year and to pay a fine of Rs.1000/- each and in default of payment to undergo SI for 15 days. Benefit u/s 482 Cr. P.C has been given to the appellants/accused persons.

(2.) AT the outset, it may be pointed out that during the pendency of proceedings before this court, appellant no.1 Nathu Ram had expired and proceedings qua appellant no.1 stood abated by the order of this court dated 8.9.2010.

(3.) THE above statement was recorded by ASI Keshav Prashad PW10 when he reached the aforesaid hospital on getting the copy of DD No.28 Ex.PW10/B at the spot. Prior to that, DD No.27 Ex.PW 10/A was got registered in the concerned police station about a quarrel having taken place at house no.10553, Gali Peepalwali Manakpura, Delhi and that a police officer be sent. Copy of the said DD was handed over to ASI Keshav Prashad who reached the spot with Ct. Rishi Pal PW 9. ASI Keshav Prashad PW10 obtained MLC Ex.PW8/A of the injured who was found unfit for statement. Thereafter, as stated above, Raj Kumar, PW-1 son of injured had made statement the aforesaid statement Ex.PW 1/A to PW10.