ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) Appellant Ashok Kumar is aggrieved by the impugned judgment and order of sentence dated 14.02.2006 and 16.02.2006 respectively wherein he had been convicted under Sections 307 and 326 of the Indian Penal Code (IPC) and had been sentenced to undergo RI for 7 years and to pay a fine of Rs.1,000/- in default of payment of fine to undergo SI for 2 months for the offence punishable under Section 307 IPC; for the offence punishable under Section 326 IPC he had been sentenced to undergo RI for 5 years and to pay a fine of Rs.1,000/- in default of payment of fine to undergo SI for two months. Sentences were to run concurrently. Benefit of Section 428 Cr.P.C. had been granted.

(2.) Record shows that charge sheet had been filed against three accused including the present appellant, Ravi Dutt and Anand Kumar; of whom both Ravi Dutt and Anand Kumar were acquitted. Ravi Dutt was the father of the present appellant and Anand Kumar was his cousin.

(3.) Incident is dated 11.6.1994, it had occurred at about 7.30 p.m. DD No.43B (Ex.PW-7/A) was recorded at 8.05 p.m. in the local police station giving intimation that a quarrel was going on at the spot i.e. crossing of Bhoomika Pooja Sthal (Tyagi Mohalla, Chattarpur). This DD was marked to SI Bansidhar (PW-7) who along with constable Shanker Lal reached the spot, where they learnt that the injured had been removed to the AIIMS hospital. On reaching the hospital, statement of the injured Jitender Tyagi (PW-1) (Ex.PW-1/A) was recorded. As per his version, on the fateful day, he had gone to visit his grandmother at village Chattarpur and on his way back to home when he reached near Punia Pooja Sthan near the chaupal of the village, he saw Ashok Kumar; on seeing him, the appellant got enraged and started abusing him; he attacked him with a knife; injuries were suffered on his left hand, back, shoulder and on his head. Meanwhile, his brother Sushil (PW-2) who was coming from opposite direction to call PW-1 also reached there. The appellant was accompanied by Ravi Dutt and Anand; all the accused persons were known to him. Appellant gave knife blows to PW-2 on his stomach, thigh and on his waist; he suffered injuries; they were both removed to the hospital.