RAM KUMAR Vs. STATE

JUDGEMENT

(1.) By way of present appeal, challenge has been made to judgment dated 27.11.1999 and order on sentence dated 30.11.1999 both passed by learned Additional Sessions Judge in S.C. No.66/1997 arising out of FIR No.277/92 P.S. Nazafgarh under Section 452/307/34 IPC whereby the learned Additional Sessions Judge has held the appellants guilty for the offences punishable under Section 452/34 IPC and 307/34 IPC and sentenced them to undergo R.I. for two years and to pay fine of Rs.1000/- each for the offence punishable under Section 307 IPC and in default of payment of fine to further undergo R.I. for 6 months and for the offence punishable under Section 452 IPC, the appellants have been sentenced to undergo R.I. for one year and to pay fine of Rs.500/- each and in default of payment of fine to further undergo R.I. for three months. It is further ordered that substantive sentence of imprisonment shall run concurrently.

(2.) The prosecution case is based on statement Ex.PW 1/A of Rajender Singh, PW-1 alleged to have been made by him to S.I. Raj Singh PW-10 wherein it is alleged that on 26.09.1992 his brother Roshan Lal i.e., victim PW-3, had come to his house at about 11 pm and told about a quarrel between his son Ajit and the sons of Tek Chand i.e. who are their next door neighbour. When he rose to go out with his brother Roshan Lal PW-3, appellants i.e. Satpal @ Pale, Ram Kumar and Rajbir @ Virey entered through the main gate with knives in their hands. It is alleged that as soon as his brother Roshan Lal, PW3 reached near the gate the appellants attacked him. Appellant Satpal @ Pale inflicted injury on the left side of his stomach with knife on which his brother sat down. In the meantime, appellant Ram Kumar stabbed him with knife on waist and appellant Rajbir @ Virey had stabbed him on his left arm. When they raised alarm the appellants ran away from there and he took his brother to Safdarjung Hospital.

(3.) It is alleged that the aforesaid statement Ex.PW 1/A was recorded by SI Rajbir Singh PW10 who had reached the hospital on getting DD No.18 Ex. PW10/A. Initially, PW10 had gone to the place of occurrence at village Choukalan along with Constable Puran Singh and Constable Ajit Singh where they were informed that injured had been taken to hospital. He left Constable Puran Singh to preserve the spot and went to hospital with Constable Ajit Singh where he received MLC Ex.PW 12/A of injured Roshan Lal PW3 who was declared unfit to make statement. His brother Rajender Singh PW-1 was present who made statement Ex.PW 1/A. He made his endorsement Ex.PW10/B and sent rukka and got the case registered vide FIR No.277/92 Ex.PW 5/A. Then he came back to the place of occurrence where blood was lying at the spot. The same was seized by him vide memo Ex.PW2/B by completing necessary formalities. He also prepared the site plan Ex.PW10/C at the instance of Savitri PW-4. The clothes of injured were also produced before him by Savitri, PW-4 vide memo Ex.PW2/A. The appellants were arrested on 27.2.1992. Their personal search was conducted vide memos Ex.PW8/A, Ex.PW8/B and Ex.PW8/C respectively. The injured Roshan Lal PW-3 had left the hospital without any information on 11.10.1992 and got himself admitted in Batra hospital. After completion of necessary formalities challan was prepared by him. During investigation, the statements of other PWs were recorded. The challan was filed in the concerned court of learned M.M., Delhi. After supplying the documents to the appellants , the case was committed to the court of Sessions. A charge under Section 452/307/34 IPC was framed against them by learned Additional Sessions Judge, Delhi to which they pleaded not guilty and claimed trial.