MOOL CHAND @ CHILLI Vs. STATE

JUDGEMENT

(1.) MOOL Chand @ Chilli (A -1), Badari Nath (A -2), Shankar (A -3), Amar Singh @ Amaroo (A -4) and Shiv Om (A -5) were arrested by the police of PS Rajouri Garden in case FIR No.631/1995 for committing offences under Section 307/34 IPC and sent for trial on the allegations that on 20.08.1995 at about 11.40 A.M. at DDA park, E -Block, near public latrine, Rajouri Garden they, in furtherance of common intention inflicted injury to Rakesh in an attempt to murder him. During the course of investigation, the accused persons were arrested and crime weapons were recovered at their instance. Statements of witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was submitted against all of them and they were duly charged and brought to trial. The prosecution examined 7 witnesses to prove their guilt. In 313 statements, the accused persons denied their involvement in the crime and pleaded false implication. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment held all of them perpetrators of the crime under Section 324/34 IPC. It is relevant to note that the State did not challenge the judgment. It is further relevant to note that during appeal A -1 and A -5 expired and the appeal stood abated qua them.

(2.) DURING the course of arguments, appellants' counsel, on instructions, stated at Bar that the appellants have opted not to challenge their conviction under Section 324/34 IPC. He prayed to take lenient view as the appellants are not previous convicts and have suffered agony of trial for more than 18 years. Learned Additional Public Prosecutor has no objection to consider the mitigating circumstances.

(3.) SO far as A -2 and A -4 are concerned, considering their mitigating circumstances, they deserve to be released on probation. As per nominal roll dated 06.02.2013, A -2 was 18 years of age on the day of occurrence. He remained in custody for three days at the initial stage of investigation. He is not involved in any criminal case and has clean antecedents. It is stated that he is to take care of his three children namely Mansa aged 8 years, Varun aged 12 years and Tarun aged 10 years. His elder brother and father have expired. Similarly A -4's nominal roll dated 06.02.2013 reveals that he remained incarcerated for 22 days during trial. He has clean antecedents and is not involved in any other criminal case. His overall jail conduct was satisfactory. It is stated that he has three daughters namely Shivani, Teena, Gungun and one son aged one and a half year to take care of them. Considering their mitigating circumstances, A -2 and A -4 are ordered to be released on probation of good conduct for a period of two years on their furnishing personal bond in the sum of Rs. 10,000/ - each with one surety each in the like amount to the satisfaction of the Trial Court with the direction to appear and receive sentence whenever called upon during the aforesaid period and in the meantime to keep peace and be of good behaviour. The A -2 and A -4 shall pay compensation @ Rs.25,000/ -, each and shall deposit the amount within fifteen days before the Trial Court. The amount of compensation i.e. Rs.50,000/ - shall be released to the complainant -Rakesh Kumar. If he is untraceable, the amount will be disbursed to his legal heirs. In case of non -availability of the victim or his legal hears, the Trial Court will be at liberty to refund/return the compensation amount of Rs.50,000/ - to A -2 and A -4.