JAI PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 10th March 2008 passed by the learned Additional Sessions Judge (ASJ), New Delhi, convicting the Appellants of offences under Section 147 read with 149 Indian Penal Code (IPC), 308 read with 149 IPC, 325 read with 149 IPC and 427 read with 149 IPC and the order on sentence dated 12th March 2008 whereby, for the offence under Section 147 read with 149 IPC, each of the Appellants were sentenced to undergo one year rigorous imprisonment (RI) with fine of Rs. 500 and in default to undergo simple imprisonment (SI) for 2 months; for the offence under Section 308 read with 149 IPC, to undergo three years RI with fine of Rs. 500 each and in default to undergo SI for two months and, for the offence under Section 325 read with 149 IPC, to undergo 2 years 'RI with fine of Rs. 500 each and in default to undergo SI for 2 months and, for the offence under Section 427 read with 149 IPC, to undergo six months ' SI. The sentences were directed to run concurrently.

(2.) THE case of the prosecution is that on 9th February 1996 Sukhwinder Singh (PW3) after getting his truck (No. HR -10 -5772), which was owned by his father, loaded with badarpur along with two labourers was moving towards Yusuf Sarai. Kali Charan (since absconding) was the driver of the truck. At around 2.30 a.m., the truck reached Adhchini Village. It is stated that bhangra dance was going on in the middle of road. When Kali Charan slowed down the truck, some persons boarded the truck from the driver 's side as well as the conductor 's side asking them to move the truck. Some persons came in a Maruti car and stopped their car in front of the truck and started assaulting Kali Charan by pulling him down. Some 10 -15 persons also arrived at the spot.PW -3 was also beaten by them and the truck was set on afire. When the mob tried to throw PW -3 into the burning truck, some people intervened and they were saved. However, PW -3 was mercilessly beaten. It is state that Kali Charan was beaten to the extent that he was half dead. Thereafter, they put him in a rehri and threw him on a heap of rubbish. PW -3 and Kali Charan were moved to AIIMS Hospital.

(3.) THEREAFTER , FIR No. 114 of 1996 was registered at Police Station Malviya Nagar. After completion of the investigation, a charge -sheet was filed against the five accused. Accused Nos. 1 to 4 were sons of Om Prakash. Jai Prakash (A -1) had in fact got married on that very date and the barat was returning from the wedding.