RAJIV @ RAJ Vs. STATE

JUDGEMENT

(1.) The appellants Rajiv @ Raj (A-1) and Sunil Kumar (A-2) impugn a judgment dated 11.03.2010 in Sessions Case No.23/10 arising out of FIR No.134/09 registered at PS Timar Pur by which they were convicted under Section 307/34 IPC. Vide order dated 16.03.2010, they both were sentenced to undergo RI for eight years with fine Rs. 5,000/- each.

(2.) The prosecution case as reflected in the charge-sheet was that on 05.08.09 at about 09.30 pm at Budh Bazar Road, Timar Pur, the appellants in furtherance of common intention inflicted injuries to the complainant-Tahir in an attempt to murder him. Duty Ct.Rajender at Trauma Centre informed about the admission of injured-Tahir stabbed by some boys while purchasing household articles in the market and the knife was embedded in the head. This information was reduced into writing and DD No.41 B (Ex.PW-6/A) came into existence at 11.35 pm. The investigation was assigned to ASI Mahender Singh who after recording Tahir's statement (Ex.PW-3/A) lodged First Information Report by a rukka (Ex.PW-6/D). In the complainant given to the police at the first available opportunity, the victim implicated A-1, A-2 and their associate Lalla (since Proclaimed Offender) ascribing definite role to A-1 inflicting a blow with churi on his head and A-2 assaulting him on neck with a sharp object. Statements of witnesses conversant with the facts were record. After completion of investigation, a charge-sheet was submitted against the appellants; they were duly charged and brought to trial. The prosecution examined ten witnesses to substantiate the charges. In 313 statements, the appellants pleaded false implication without producing any evidence in defence. The trial resulted in their conviction as aforesaid.

(3.) The occurrence in which the victim sustained injuries on his body occurred at around 09.30 pm. PW-1 (Raju), Tahir's father, disclosed that when at around 09.45 pm, Salman brought Tahir, his son, in an injured condition at his tea shop, he was bleeding from his head and throat and a knife was found inserted in his head. He immediately took Tahir to Trauma Centre and from there referred to Irwin hospital. PW-4 (Salman) who had accompanied Tahir to Budh Bazar to purchase household articles also deposed that after the victim was injured, he took Tahir to the tea shop of his father and thereafter the victim was taken to Trauma Centre. He fairly admitted that he did not intervene to save the victim due to fear. Only after the assailants fled the spot, he gathered courage to take him at his father's tea shop. MLC (Ex.PW-2/A) at Trauma Centre reveals that the patient was admitted by his father-Raju with the alleged history of 'assault' at 10.30 pm. Two injuries on the neck and head of the victim were noticed. Apparently, there was no delay in lodging the report with the police. Lodging of FIR in promptitude ruled out any false implication of the appellants who were named therein with definite role. PW-2 (Dr.Dhiraj Kumar), medically examined Tahir by MLC (Ex.PW-2/A) and found the following injuries on his body:-