SAFIQ AND ORS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 15.02.2006 and 13.03.2006 respectively wherein the appellants namely Safiq, Fahim and Lahiq had been convicted under Sections 307/506 of the IPC. They were acquitted of the charge under Sections 147/148/149 of the Indian Penal Code, 1860 (IPC). Relevant would it be to note that along with the three appellants, there were three other persons, all of whom were acquitted. The appellants were sentenced to undergo RI for a period of four years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo SI for six months for the offence under Section 307 of the IPC; for the offence under Section 506 of the IPC, each of the convicts were sentenced to undergo RI for a period of six months and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo SI for one month.

(2.) Nominal rolls of the appellants reflect that appellant Fahim, at the time of grant of bail had undergone incarceration of almost about 11 months which included his remission. Appellant Safiq had undergone incarceration of about 10- 1/2 months and appellant Lahiq had undergone incarceration of about 9 months.

(3.) The version of the prosecution was that on 10.04.2001 at about 10:30 PM at Jhuggi No.166, LNJP Colony (near Turkman Gate, Delhi), six persons being members of an unlawful assembly and in furtherance of their common object had assaulted Mohd. Irfan (PW-2) and his family with criminal force wielding deadly weapons. They were also criminally intimidated. PW-2 was the complainant and it was on his statement (Ex.PW-2/A) that the present FIR had been registered. He had disclosed that Mehtab, Lahiq and Fahim lived in LNJP Colony i.e. the place where the victim and his family were living. On the previous night, i.e. on 09.04.2001, a quarrel had taken place between Rizwan and and Zakir (PW-2's brothers) on one side, and Mehtab, and appellants Lahiq and Fahim on the other. On that date, Rizwan and Mehtab were arrested. On the following day i.e. 10.04.2001 in the afternoon at 02:30 pm when PW-2 along with his brother Irshad (PW-4) and his sister-inlaw (PW-3) were eating lunch, the appellants had entered their house. Lahiq was holding a soda bottle and Fahim and Safiq were holding meat cutting 'chura' (knife). Fahim attacked PW-2 with the 'chura' pursuant to which PW-2 received injuries on his left arm. Safiq also hit the 'chura' on the head of PW-2. Lahiq gave injuries to PW-4. Appellant Lahiq beat up PW-3 and gave her leg blows on her stomach. Meanwhile, Noor Mohd, Wasim and his father Shamim (since acquitted) along with some other persons also entered his house. They were all carrying dandas and lathis. They hit the victim and his family. The version of PW-2 was corroborated by the testimony of PW-3 and PW-4. PW-4 was medically examined by Dr.Ramesh Yadav (PW-1). PW-4 had to undergo emergency surgery; the injuries recorded on his persons were dangerous to life. His MLC was proved as Ex.PW-1/A. The subsequent medical record of PW-4 was proved through Dr. Shikha Sharma (PW- 16) as Ex.PW-16/A. Dr. Veenita Jaiswal (PW-15) had identified the signatures of Dr. Udit Verma who had medically examined PW-3 and proved her MLC as Ex.PW-15/A; the MLC of PW-2 was proved as Ex.PW-15/B. Investigation was marked to SI S.R. Meena (PW-5) who was assisted by Constable Devender Singh examined as PW-8 and ASI Jaipal Singh examined as PW-9. Subsequently investigation was marked to SI Atma Singh (PW-17).