RAJENDER KUMAR Vs. STATE (GOVT. OF NCT, DELHI)

JUDGEMENT

(1.) ON 26.7.2004, on receipt of information with respect to an incident in Som Bazaar, C -10 Block, Vasant Kunj, S.I. Swadesh Prakash of Police Station Vasant Kunj reached the spot, where he came to know that the injured had been taken to hospital. Two (2) wooden sticks were, however, lying on the spot at that time. On reaching Safdarjung Hospital, the Investigating Officer found injured Surinder, Naresh and Sanjay admitted there. He recorded the statement of Sanjay, who told him that like other Mondays, that day also he had installed his shop of cosmetics in C -1 Block of Vasant Kunj, Behind Vasant Valley School. Rajinder S/o Chand Ram reached there along with his brothers, Mohan, Khem Chand and Naresh. Khem Chand installed his shop at the place where his brother Surinder used to arrange shop and when they raised objection, Rajinder, Mohan, Naresh and Khem Chand attacked them with lathis (wooden sticks) and saria (iron rod), as a result of which he as well as his brothers Naresh and Surinder sustained injuries. On the statement of Sanjay an FIR under Section 308 of IPC was registered and the wooden sticks which were lying on the spot were seized. Out of them one (1) stick was made of bamboo. Later, one iron rod is also alleged to have been recovered.

(2.) THE appellants before this Court were charged with offences punishable under Section 308/324/34 of IPC to which they pleaded not guilty. The prosecution examined as many as sixteen (16) witnesses whereas four (4) witnesses were examined in defence. Vide impugned judgement dated 16.12.2009 and the order on sentence 6.1.2010, the appellants were convicted under Section 325 of IPC read with Section 34 thereof and were sentenced to undergo imprisonment of one (1) year each and to pay fine of Rs.1,000/ - each or to undergo SI for one (1) month each in default.

(3.) PW 2, Naresh corroborated the deposition of PW1 and stated that when they were installing their shop, the appellants objected to the same which led to a quarrel taking place and the appellant Mohan gave iron blow on his head whereas the other appellants who were having wooden sticks with them caused injuries to his brothers.