RAKESH Vs. STATE

JUDGEMENT

(1.) V .K. JAIN, J. (Oral) 1. On 02.10.2006, at about 9.30 PM, Police Station Uttam Nagar received information with respect to a quarrel at Barkat Ram Hospital, Shani Bazar, Hospital Road. The information was recorded vide DD No.47A and a copy of the said DD was given to ASI Sanwal Mal, for investigation. When the aforesaid police officer reached the spot, the complainant Naveen Kumar, S/o Om Prakash was present there. The complainant handed over to him, the appellants Pawan, Prahlad and Rakesh, whom he had apprehended with the help of his companion Manish Kumar and other persons. The police officer recorded the statement of Naveen Kumar who inter alia told him that on that day at about 9.00 PM, he along with his companion Naveen Kumar was going home on his motorcycle. When he stopped in Shani Bazar at Uttam Nagar to make some purchase and reached near Barkat Ram Hospital on Hospital Road, they found three boys quarrelling with a rickshaw puller. They asked the boys not to quarrel with the rickshaw pullers. Another boy on motorcycle also asked those three persons not to quarrel with the rickshaw puller. Thereupon, those persons released the rickshaw puller and two of them took out knives and one of them took out an iron chheni. Those persons attacked him, his companion Naveen as well as the other person who had come on motorcycle, using the aforesaid weapons. However, the persons who gathered on spot apprehended those three persons, who were later handed over to the police officer.

(2.) THE case of the prosecution is that one knife having blade measuring 24 centimetre and wooden handle measuring 12 centimetre was seized from the appellant Pawan, one knife with a blade having length of 24.5 centimetre and wooden handle measuring 12 centimetre was seized from Prahlad and one iron Chheni sharp on one side and blunt on the other side and measuring 22 centimetre was seized from Rakesh. All the three appellants were arrested on the spot.

(3.) ALL the three appellants were charge -sheeted and later charged under Section 308 of IPC read with Section 34 thereof, for the injury they had caused to Naveen S/o Om Prakash, Naveen S/o Ram Kumar and Imran Ali. Since they had pleaded not guilty to the charges, as many as 11 witnesses were examined by the prosecution. Three witnesses were examined in defence.