JAGJIT SINGH Vs. STATE

JUDGEMENT

(1.) By way of present appeal, a challenge has been made to the judgment dated 27.10.1999 and order of sentence dated 11.11.1999, both passed by the learned Additional Sessions Judge in case SC No. 44/98 arising out of FIR no. 237/97, P.S. Tilak Nagar under section 307/34 IPC whereby the learned Additional Sessions Judge has held the appellants, i.e. accused persons namely, Jagjeet Singh @ Happy and Surjeet Singh guilty for the offence punishable under section 307/34 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 RI for 3 months. Benefit u/s. 482 Cr.P.C. has been given to the appellants/accused persons. The prosecution case is based on the statement Ex. PW3/A made by the complainant Rajesh Kumar, PW-7 to the police wherein it is alleged that on 29th March, 1997, he was present along with Jamal, PW-8 i.e. the injured at shop no. 72, Sham Nagar, Aashish Tent House, where they both were working as labourers. Near their shop there was shop of G.S. Refrigeration where repair work of ACs of buses was being done. At about 9 PM Surjeet Singh @ Bholu brought a bus and had parked the same in front of their shop. Jamal, PW8, told Surjeet Singh @ Bholu not to park the bus there. Accused refused to do so. Thereupon, Surjeet Singh @ Bholu brought a danda and his servant i.e. appellant Jagjit Singh @ Happy brought some sharp object like 'patti' and Surjeet Singh @ Bholu told that they would teach a lesson to Jamal PW8. Thereupon they started quarreling with him. Surjeet Singh @ Bholu had caught hold of Jamal PW8 and Jagjit Singh @ Happy had hit 'patti' on the head and shoulder of Jamal PW8 as a result of which blood started coming out from his head and thereafter both of them ran away from there.

(2.) The aforesaid statement Ex. PW3/A was recorded by SI Surinder Singh, PW9 who had reached the hospital after receiving a copy of DD No. 48B about admission of one injured in the DDU hospital. He had obtained MLC Ex. PW1/A of injured Jamal PW8 wherein Doctor had declared him unfit for statement. Rajesh Kumar PW-7, met him there who claimed himself to be the eye witness to the alleged occurrence and made the aforesaid statement. SI Surinder Singh PW9 prepared rukka Ex. PW9/A and gave it to Constable Yatinder PW3 who had accompanied him to hospital and sent the same to police station for registration of FIR Ex. PW3/B. Thereupon, SI Surinder Singh PW9 came with complainant Rajesh PW-7 to the place of incident and prepared the site plan Ex. PW9/B. He made search for accused persons but they could not be traced. During the course of investigation he had seized the clothes of injured i.e. pant and underwear vide memo Ex. P-2 and Ex. P-3, respectively after doing necessary formalities in this regard. On 07.4.1997 on the pointing out of Jamal PW8, the accused Surjeet Singh @ Bholu was arrested. On that very day on the pointing out of injured PW-8, Jagjit Singh @ Happy was also arrested who on interrogation he had made a disclosure statement Ex. PW4/B and got recovered 'patti of fan' lying under the table of his shop i.e. G-69, Sham Nagar, Delhi. After completion of formalities and investigation, a challan was filed before the court of Ld. M.M. After supplying the documents to accused persons, the case was committed to the court of Sessions. A charge under Section 307/34 IPC was framed against them by the learned Addl. Sessions Judge to which the accused persons pleaded not guilty and claimed trial.

(3.) To prove its case, prosecution in all had examined 9 witnesses, out of which Jamal PW-8 is the injured and Rajesh Kumar PW-7 is complainant/eye witness to the alleged occurrence. The remaining testimony relates to the police officials and medical evidence.