RAMKARAN THR. PAROKAR SUSHILA Vs. STATE

JUDGEMENT

(1.) On 25.04.2005 at about 9.45 pm, PCR was informed that a quarrel had taken place at Pandav Nagar, Main Road. The information, when conveyed to Police Station Pandav Nagar, was recorded vide DD No.45A and a copy of the DD was given to Head Constable Ramesh Tiwari, for investigation. When the police officer reached the spot, he came to know that the injured had already been taken to DDU Hospital. No eye witness was present at the spot at that time. When he reached DDU Hospital, the injured Mahender Kumar was found admitted there and his statement was recorded by the police officer. Mahender told the police officer that at about 9.30 pm, when he was returning from the shop to his house and reached Vishwas Clinic, Pandav Nagar, Govind @ Govinda, Ramkaran, Hunny and Varun, who were residents of Pandav Nagar and were previously known to him, met him. Ram Karan demanded money from him for taking liquor. When he refused, they started abusing him and on his protesting to the abuses, Govinda exhorted his companions to hold him whereupon Varun, Honey, caught hold of him and Ram Karan gave him blow with belt, whereas Govinda gave him saria blow, as a result of which, he sustained injuries on his head and became unconscious. On the aforesaid statement, an FIR under Section 308 of IPC was registered and all the four persons named by the complainant were charge-sheeted. The learned trial Judge charged them under Section 308 of IPC read with Section 34 thereof. They having pleaded not guilty to the charge, as many as 11 witnesses were examined by the prosecution, whereas 3 witnesses were examined in defence.

(2.) The complainant Mahender came in the witness box as PW1 and inter alia stated that on 25.04.2009 at about 9 pm when he was returning to his house from his shop and reached at Vishwas Clinic, Pandav Nagar, the appellants - Govind @ Govinda, Ramkaran, Hunny and Varun all of whom were residents of Pandav Nagar, and were previously known to him. Govinda asked him to give money for drinking liquor and on his refusing to comply, they abused him. Govinda asked others to hold him so that a lesson could be taught to him for not giving money for liquor. Thereupon, Varun and Hunny caught hold of him whereas Ram Karan gave him belt blows, and Govinda hit him with an iron rod. He received injuries on his head between eye brows and left cheek and became unconscious. He regained consciousness while in the hospital.

(3.) PW2 Narender Kumar inter alia stated that on 25.4.2009, when he was present in his shop in Pandav Nagar, a boy came running and informed him that his brother was being beated up in a quarrel opposite Vishwas Clinic. When he reached the aforesaid spot four persons namely Honey, Varun Ram Karan and Govinda all of whom were residents of Pandav Nagar and were known to him beating his brother Mahender. Govinda was having an iron rod in his hand, whereas Ram Karan was having a leather belt and they were beating his brother, who was lying on the ground. The other two accused namely Varun and Hunny were giving legs and fist blows to his brother. When he raised alarm, the accused persons ran away. He hired an autorickshaw and took his injured brother to DDU Hospital where he was medically treated.