ZAFAR KHAN Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 03.03.2006 and 04.03.2006 respectively wherein he has been convicted under Section 325/34 of the IPC (other two coaccused have been declared proclaimed offenders ) and has been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.10,000/- of which Rs.8,000/- was to be released to the victim; in default of payment of fine, he was to further undergo SI for 6 months.

(2.) The version of the prosecution was revealed in the statement of Suresh (PW-2) wherein it was alleged that on 15.03.2002 at about 10:00 pm when he had gone to Bengali Basti, ward No. 2, Mehrauli two boys of the locality started abusing him and objected as to why he has come there despite the fact that they had earlier told him not to visit Bengali Basti; meanwhile two more boys had come there and all four of them caught hold of him and started beating him. He became unconscious. He was taken to AIIMS hospital in a PCR where he was medically examined by Dr. Pawan (PW-8). His MLC was proved as Ex.PW-7/C.

(3.) The accused was arrested on the following day i.e. on 16.03.2002 vide memo Ex.PW-1/C at 10:30 pm by the Investigating Officer SI Braham Parkash (PW-7) who had been accompanied by HC Vijender (PW-1). The disclosure statement of the accused was recorded. The place of occurrence was pointed out vide memo Ex.PW-7/G. No recovery was effected pursuant to the said disclosure statement.