VICKY @ VIKAS Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) ON 07.7.2008, at about 12.30 AM, the injured Monu was brought to Babu Jagjivan Ram Memorial Ram Hospital with history of physical assault. The information in this regard was given by the duty Constable to Police Station Jahangir Puri and ASI Mangat Ram was deputed to investigate the case. The Investigating Officer reached the aforesaid hospital and recorded the statement of the injured who was fit for statement. In his statement, the injured Monu stated that on that day at about 12.00 midnight when he was returning home and reached near the park of Jahangir Puri, Vicky @ Vikas @ Kalia, son of Munilal, resident of J -1061 Jahangir Puri, who as previously known to him was standing near the park with two companions. When he (the injured) was passing, Vicky said to him that he was not walking properly and he would set him right. Thereafter, while passing him, Vicky simultaneously asked his companions to hold the injured. He was thereupon held by the companions of Vicky and a blow with a sharp edged weapon was given by Vicky on his head, but was able to save himself by tilting his head. He, however, could not save himself from the second blow given by Vicky and received injuries on his head. On alarm being raised by him, Prahlad reached there and seeing him the assailants ran away and he was brought to hospital by Prahlad in a rickshaw.

(2.) THE appellant was charged under Section 307 IPC for attempt to commit murder of Monu. Since he pleaded not guilty to the charge as many as six (6) witnesses were examined by the prosecution in support of its case. No witness was examined in defence.

(3.) PRAHLAD came in the witness box as PW4 and supported the case of the prosecution in toto. He stated that in the night intervening 6/7 July, 2008, while he was wandering in a park after taking his dinner, he reached the corner of the park on hearing the cries of Monu. He found that Monu had been held by two persons and the appellant Vicky was assaulting him with a sharp -edged weapon. According to this witness, on seeing him, the assailants ran away from the spot and he took the injured to Babu Jagjiwan Ram Hospital. The witness correctly identified the appellant accused at the time when he was examined.