SONU @ ATTEY Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 17.11.2005 wherein the appellant Sonu @ Attey along with the two other persons namely Sanjeev @ Suar and Kaley have been convicted under Sections 307/324/341/506/34 of the IPC and has been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.5,000/ - and in default of payment of fine to undergo SI for 6 months for the offence under Section 307/34 of the IPC; for the offence under Sections 324/506/34, he has been sentenced to undergo RI for a period of 1 year; for the offence under Section 341/34 IPC, he has been sentenced to undergo SI for 1 month.

(2.) RECORD shows that on 29.06.2001 at 09:00 pm when Hemant (PW -4) along with his friend Deepak (PW -3) had gone to Trilok Puri for purchasing shoes and were standing outside the shoe shop, they were accosted by three boys. The appellant Sonu told PW -4 that he was the 'dada' of the area and started misbehaving with him. When PW -3 intervened, the appellant Sonu brandished a knife and threatened both PW -3 and PW -4. Thereafter, he attempted to give a knife blow on his stomach which was warded off; Sonu gave knife blow on the back of PW -3. They had also given beatings to them. Meanwhile Ajay (PW -6) also reached the spot. He tried to save PW -3 and PW -4. Appellant Sonu gave knife blow on his stomach. The injured Ajay, Hemant and Deepak were all removed to the hospital. PW -6 received sharp injuries. He was examined by Dr. R.N. Das (PW -7) who has proved his MLC (Ex.PW - 7/A). Injured had also been referred to the GTB hospital for surgery; one incised wound of 4 cm X 1 cm over the right iliac fossa with his gut protruding out of the arm which required a surgery for management. Dr. Ashish Gupta (PW -8) had identified the signatures of Dr. Mritunjay under whose care the patient was treated. The opinion on the injuries was 'dangerous'. His surgical record has been proved as Ex.PW -8/B. PW -6 remained in the hospital for about one week. PW -3 and PW -4 were also injured. They have also been medically examined. Injuries received by them were 'simple. They were proved as Ex.PW -7/D and Ex.PW -7/E.

(3.) THIS is the gist of the version of the prosecution.