SHANKAR Vs. RAKESH KUMAR CHOLA ALIAS RAJESH

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. He also alleged that Bunty had given him danda blow, whereas knife blow was given by Shankar. He also alleged that the persons named in the FIR were accompanied by another boy namely Omi, who was living in gali Khatikan, but he had forgotten to mention his name in the first statement and Omi had also given the fist and stab blows to him. Thus, four persons, namely, Rakesh, Shankar, Jitesh @ Bunty @ Tie & Omi alias Om Prakash were prosecuted under Section 307/34 of IPC. The accused Shnakar was also prosecuted under Section 25 of Arms Act.

(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. The accused Rakesh stopped the motorcycle and asked the other accused to teach him a lesson and started beating him. Thereafter, all the accused said "AAJ ISKA KAAM TAMAM KER DETE HAIN". He further stated that accused Rakesh caught his brother by his waist and Bunty assaulted him with danda, Om Prakash assaulted with fist and Shankar attacked him with a knife. After assaulting his brother, all the accused persons ran away from the spot, whereas his brother Pradeep was taken to hospital. PW -5 Bhism Kumar inter alia stated that at about 3 -4 years ago, he along with his friend Naveen Yadav was going towards Sita Ram Bazar from Hauz Qazi. Aditya and Pradeep Yadav were going ahead of them on the motorcycle being driven by Aditya Bajpayee. When they reached near Bajrang Wali gali, accused Bunty and Shankar came from the front side along with three more persons and stopped the motorcycle of Pradeep Yadav. Bunty hit a danda on Pradeep, whereas Shankar inflicted knife boys on him and, thereafter, those persons ran away. He, however, could not identify the other persons who had committed the offence along with Bunty and Shankar.