SHAHID & ORS Vs. STATE

JUDGEMENT

(1.) The present appeal is filed against the judgment dated 19.01.2000 and order of sentence dated 21.01.2000 in sessions case no.251/97 arising out of FIR No.177/97 registered under Section 307/34 IPC, P.S. Sadar Bazar, whereby learned Additional Sessions Judge has convicted the appellants under Section 307/34 IPC and sentenced them to undergo R.I. for 10 years and a fine of Rs. 20,000/- each and in default of payment of fine to undergo S.I. for 2 years each. Benefit of Section 428 Cr.P.C. has been given to them.

(2.) The case of the prosecution is based on statement Ex.PW4/A of injured Jamil PW-4 wherein he has alleged that on 22.04.1997 at about 9.15 P.M. he was standing in Chota Maidan of Qasabpure. All the three appellants who are known to him and are resident of his mohalla had come there. Appellant Shakir asked him to provide them cold drinks. On his asking he provided the cold drinks to them. After finishing, the appellant Sahid demanded more cold drinks which he refused by stating he had no money. Thereupon, all the three appellants started abusing him and also slapped him. However, he did not say anything to them and came to his house and sat outside his house in a gali. After 2/3 minutes, three appellants reached there and appellant Shahid had caught hold of him from behind and uttered "isko jaan se maar do main apne aap sambhal lunga". The appellant Shakir was armed with a chura and appellant Zahid was armed with a churi. The appellant Shakir stabbed him on the chest as well as on the arms and appellant Zahid had stabbed him above the buttocks near the back bone. On alarm being raised by him all the appellants ran away from the spot. He had alleged that the occurrence was seen by Wasim Ahmad PW-10 and Nadim PW-11. Wasim PW-10 had taken him to RML Hospital.

(3.) The above statement Ex.PW4/A was made by the injured Mohd. Jamil PW-4 in the hospital to SI Manmohan Kumar PW13 when he had reached the hospital on getting the copy of DD No.19A and 20A. On the statement Ex. PW4/A SI Manmohan Kumar PW13 had made his endorsement Ex.PW13/A and had sent the rukka to the police station and got registered the case against the appellants vide FIR Ex.PW2/A. Thereupon, he went to the spot and prepared site plan Ex.PW13/B at the instance of Wasim Ahmad PW-10 who had met him at the spot. On 15.05.1997 the appellants were apprehended on the pointing out of the injured PW-4. Their personal search was conducted vide memos Ex. PW13/C to Ex.PW13/E respectively. They also made disclosure statements i.e. Ex.PW3/A to 3/C. The appellant Shakir got recovered Churi Ex.P2 under the bed of his room from his house which was seized vide seizure memo Ex.PW3/G after completing necessary formalities. Appellant Zahid also led to his house and got recovered churi Ex.P1 which was also seized vide memo Ex.PW3/E after completing necessary formalities. The statements of other witnesses were also recorded during investigation. After completion of investigation a challan was filed before the learned M.M. Learned M.M. committed the case to the Sessions as the case was triable by the sessions court.