SHANTI & ORS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6th February 2010 passed by the learned Additional Sessions Judge in Sessions Case No. 24 of 2008, convicting the appellants for the offences under Sections 452 IPC and 308/34 of IPC and the order on sentence dated 11th February 2010 sentencing each of them to undergo rigorous imprisonment ("RI") for a period of two years with a fine of Rs.2,000 each and in default, simple imprisonment ("SI") for six months for the offence under Section 452 IPC and RI for a period of 2 years with fine of Rs.1,000 each and in default to undergo SI for three months for the offence under Section 308/34 of IPC.

(2.) Savitri Devi (PW-1) stated that they lived in house No.C-489, Street No. 14, Harsh Vihar, Delhi. On 26th November 2005, at around 8.30 am, she was present in her house. Her son Sudesh (PW-2) who works with the Delhi Home Guards was washing his face outside. Nand Kishore (Accused No.2), who lived in the neighbourhood started abusing PW-2. When PW-2 returned to his house, A-2 and his sons Malkhan (A-3), Manoj (A-4) and Mohit entered the house armed with iron pipe and iron rods. While A-2 gave a blow on the head of PW-2 with the iron pipe that he was holding, A-3 and A-4 beat him with the iron rods. PW-1 then raised an alarm for help. In the meanwhile, Shanti (A-1), wife of A-2 also reached there and hit PW-1 on her head with a brick. PW-1 stated that there was a history of ill-will between her family on the one side and the family of the accused on the other. After assaulting PWs-1 and 2, the accused fled the spot.

(3.) At about 9.30 am, a wireless operator passed on information to the Police Post ("PP") Harsh Vihar, under the jurisdiction of Police Station ("PS") Nand Nagri, that an altercation was going on at house No. C-489. He then recorded DD No.9 (Ex.PW-15/A) and sent it to Head Constable Rajinder for further action. The incident was also witnessed by Om Prakash (PW-5), who had a shop in Harsh Vihar. On hearing the crying of a lady that her child was assaulted, PW-5 went to the house of PW-2 (Sudesh), which was two houses away from his shop. He stated that he found PW-2 lying on the ground in front of his house and the accused persons were assaulting him with iron pipe and iron rods. He stated that Nand Kishore (A-2) was having an iron pipe in his hands and Manoj (A-3) and Malkhan (A-4) were having iron rods in their hands and A-1 was having a brick in her hand. PW-5 stated that he pushed the accused persons from there. A cot was then summoned and PW-2 was made to lie on it. Many persons collected there. Someone summoned a three wheeler scooter rickshaw. Within 5-7 minutes, a PCR van reached there. PW-2 was taken to the GTB Hospital in the PCR van. PW-5 accompanied him to the hospital. In his cross-examination, PW-5 stated that blood was oozing out of the head of PW-2 and his clothes were drenched with blood. The sleeve of the shirt and sweater worn by PW-5 were stained with blood, but the police did not collect them.