NARESH Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25th January, 2010 passed by the learned Additional Sessions Judge in the SC No.290/09 convicting the Appellants for the offence under section 307/34 IPC and the order of sentence of the same date sentencing each of them to undergo three years rigorous imprisonment with the fine of Rs.1,000/ - and in default simple imprisonment for one month.

(2.) THE case of the prosecution is that about 5 to 6 years prior to the date of incident on 11th January, 2005 Ram Rati W/o Jaggan Nath and mother of the three Appellants had asked the husband of Geeta (PW5), one Santosh Kumar, to sell her house at Sultanpuri. Ram Rati had requested Santosh Kumar that with the sale consideration received, he should arrange another house for her. In the meanwhile, Santosh Kumar and PW5 gave Ram Rati their house at J -582, Mangolpuri on rent. According to PW5 despite many houses being shown to her, Ram Rati did not approve of even one. According to PW5, Santosh Kumar returned sale consideration to Ram Rati stating that she should purchase the house by herself and vacate J -555, Mangolpuri.

(3.) THE medical certificates of PW4 (Ex.PW1/A and 2/A) recorded recorded "alleged history of physical assault ''. A wound of size of 2.5 x 1 cm stab at supra pubic (lower abdomen) has been noted by Dr. Satish Kumar Mittal (PW -2). The patient was referred to PW -2 for opinion by the surgeon. At that stage the nature of the injury had not been noted. PW -4 was endorsed "fit for statement". On the same date the patient was also seen by Dr. Vivek Goel (PW1) who was posted at the department of surgery at the SGMH. He stated that "there was a mild tenderness in supra public (lower abdomen) and a stab wound of the size of 2.5 x 1 cm in that area. PW4 underwent exploratory laparotomy on the following day and was found to have perforation in the small intestine (terminal ileum) which was repaired. PW -1 gave opinion that the injury was dangerous. He has recorded his observations in the MLC itself. There is a clear statement "so injury was dangerous to life" which has been signed by PW -1. This has been confirmed by PW -2 who also put his endorsement at the bottom of MLC.