MOHD. AKHTAR Vs. STATE

JUDGEMENT

(1.) ON 20.8.1996, on receipt of copy of DD No.30, ASI Balwan Singh of Police Station Ambedkar Nagar reached Chandrawal Road, A -2 Block, Allah Hoo Ka Dhaba, Madangir, New Delhi where he came to know that the injured had been taken to AIIMS by PCR van. The police officer then reached AIIMS where the injured Aas Mohammad, son of Rashid Mohammad was found admitted in injured condition. He being fit for statement, his statement was recorded by the police officer. The complainant told him that at about 9:15 p.m. that day he along with his friend Bhura had come to meet some persons known to Bhura. When he and Bhura were taking food in a hotel at Chandrawal Road, A -Block, a boy came there, started taking meals and abusing him. When he and Bhura asked him not to abuse, the boy whose name later came to be known as Mohammad Akhtar brought a friend with him and both of them gave beating to him as well as Bhura. The friend of Mohammad Akhtar caught his hands whereas Akhtar gave a blow on his head with an iron palta, which is used for cooking meat as a result of which he became unconscious. When he gained consciousness after some time he was brought to AIIMS by a PCR van. An FIR under Section 308/34 of IPC was registered on the aforesaid statement of the complainant. After completion of investigation two (2) persons namely Mohd. Akhtar and Mohd. Sattar were chargesheeted. Mohd. Sattar died during the pendency of trial whereas Mohd. Akhtar was charged under Section 308/34 of IPC. He having pleaded not guilty to the charge five (5) witnesses were examined by the prosecution. One (1) witness was examined in defence.

(2.) THE complainant Aas Mohammad came in the witness box as PW3 and stated that he had gone to Madangir to meet someone known to Bhura and after meeting him both of them were taking meal in a nearby hotel at about 9 -9:15 p.m. The accused, who was also taking food in the said hotel, suddenly started abusing both of them. When Bhura asked him not to abuse, the accused picked up a palta, which is used to prepare and stir vegetables, and hit the same on his head. At that time he was held by another person from legs, head and hands. After Akhtar had given second blow on his head, he lost his consciousness.

(3.) IN his statement under Section 313 of Cr.P.C., the appellant admitted that he was present in the hotel on 20.8.1996. He, however, denied having picked up a palta and having hit the complainant on his head. He also stated that it was the complainant who, being intoxicated had caused injury to him. DW1 Mohd. Salim stated that on 20.8.1996, he was taking dinner in a hotel at A -2 Block, Madangir. He stated that the accused and two (2) other persons were also taking dinner there. According to him a scuffle took place between the accused and those two (2) persons on account of their looking at each other. He further stated that one of the boys who was having a palta tried to hit the accused but ended up hitting the other person taking dinner with him.