JAVED Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE present appeal has been filed against the judgment dated 24th November, 2010 by which the appellant was convicted for the offence under Section 302 IPC, and also against the order dated 29th November, 2010 by which the appellant was sentenced to imprisonment for life with fine of Rs. 10,000/ - and in default, to undergo rigorous imprisonment for six months for the offence under Section 302 IPC.

(2.) THE brief facts of this case are that on 22nd October, 2007 at about 11.30 pm near E Block, public toilet, Patharwala Bagh, JJ Colony, Wazirpur, Delhi, the appellant alongwith two co -accused namely Shaukat Ali @Badka (aquitted) and Jameel @ Chonch (aquitted) assaulted Lakshman with fists and kick blows and that the appellant stabbed him on his left buttock with a sharp edged weapon.

(3.) AFTER providing medical aid and treatment, Laxman was discharged. ASI Dev Raj (PW -9) recorded the statement of injured Laxman (Ex. PW 9/A) in the hospital on 23rd October, 2007 before he was sent back. In his statement, the injured had stated that he was going to the toilet at about 11/11.30 pm when the boy named as Teda met him and stopped him and questioned him as to where was he going and on being told to mind his own business, Teda along with his two associates started beating him and he received injuries on his left eye -brows and on his hip. ASI Dev Raj had recorded DD No. 7 at about 7 am on 23rd October, 2007 relating to the three different matters in which he had taken the action which also included the matter arising out of DD No. 32 (PW -9/F).