SHANKAR Vs. STATE

JUDGEMENT

(1.) IN the night intervening 30/31st October, 2004, Police Control Room received an information that a person namely Pradeep had been stabbed in Gali Akhade Wali, Sita Ram Bazar, Delhi and was being taken to JPN Hospital. The information, when conveyed to Police Station Hauz Qazi was recorded vide DD No. 3A and a copy of the said DD was handed over to SI Mahmood Ali for investigation. SI Mahmood Ali reached JPN Hospital, where the injured Pradeep was found admitted. In his statement to the police officer, Pradeep stated that on 30.10.2004, he was returning home on the motorcycle of his neighbour Aditya, after purchasing sweets. His younger brother Naveen and his friend Bisham @ Chintu were following them on scooter. At about 11.15 PM, when he reached Sita Ram Bazar in Gali Bajrang Bali, Bunty, S/o Bhola, Rakesh and Shankar, were already present there. Rakesh told Bunty and Shankar that they would teach him (the complainant) a lesson and started beating him by fist and slaps. When his friend and his brother tried to save him, Rakesh held him, whereas Shankar and Bunty gave knife blows in his abdomen and all of them then ran away. An FIR under Section 307/34 of IPC was registered on the aforesaid statement of the complainant. During investigation, the injured (complainant) told the Investigating Officer that by mistake, he had given wrong name of the father of Bunty, whereas correct name was Nihal.

(2.) ON 28.8.2006, all the four accused were charged under Section 307/34 of IPC. The accused Shankar was also charged under Section 25/27 of Arms Act. Since the accused persons not pleaded guilty to the charges, 13 witnesses were examined by the prosecution. No witness, however, was examined in defence.

(3.) PW -2 Naveen Yadav is the brother of the complainant. He inter alia stated that on 30.10.2004, he along with his brother Bhism was coming on the scooter of Bunty, whereas his brother Pradeep was coming on the motorcycle of Aditya Bajpayee. At about 11.15 PM, when they reached gali Bajran Wali, Sita Ram Bazar, they found all the accused present there.