BHIMA Vs. STATE

JUDGEMENT

(1.) These applications have been filed under Sec. 389 Cr.P.C. on behalf of the Appellants, namely, (i) Bhima @ Manoj S/o Om Prakash, (ii) Ravi @ Anil S/o Ramesh Chand, and (iii) Munesh S/o Gajender Singh, seeking suspension of sentence in FIR No.118/2011 registered under Ss. 307/34 IPC at PS: Mayur Vihar, Delhi. Since the appeals arise out of a common judgment and the same FIR, these applications for suspension of sentence were heard together and are being decided by this common order.

(2.) Briefly stated, the facts are that on 3/5/2011, upon receipt of DD No.77B that someone had been stabbed in a quarrel at 29/242, Trilok Puri, Delhi and was being taken to the hospital, police team reached at the spot where they learnt that injured had been shifted to LBS Hospital. No witness was found at the spot. On reaching the hospital, IO collected the MLC of injured Suraj and Sunil. Statement of Sunil was recorded who stated that he along with his friend Suraj were consuming liquor at around 9.30 pm at a park at Block-29, Trilok Puri, when Appellants Ravi, Bhima and Munesh came to the spot and asked for drinks, which request was refused by the Complainants and the three persons started beating them. Bhima held Sunil and Munesh held Suraj while Ravi hit them with a pointed object. Sunil was hit on the chest and Suraj was hit on the stomach and back. Later the three fled away and on a complaint by someone at 100 number, the police came and the FIR was registered. As per MLC of Sunil, nature of injury was opined to be simple, while as per MLC of Suraj, injury was grievous in nature. FIR was earlier registered under Ss. 324/34 IPC but later IO added 325 IPC. Charge Sheet was filed under Ss. 325/307/34 IPC and after taking cognizance of the offences, learned MM, vide order dtd. 5/1/2015 committed the case to the Court of Sessions.

(3.) On 11/2/2015, charges were framed by the Court against the three accused under Ss. 307/34 IPC. Prosecution evidence was led, in which 11 witnesses were examined, out of which PW-1 was a Doctor who prepared the MLC of Sunil; PW-2 was the Doctor who opined that Suraj was not fit for statement; PW-3 was injured Suraj; PW-4 was injured Sunil; PWs-5, 6, 8, 9 and 10 were police witnesses; PW-7 was the brother of Suraj; and PW-11 was the Doctor who identified the handwriting and signatures of Dr. Priyanka, who had prepared the MLC of Suraj. During trial, accused admitted two documents i.e. FIR and MLCs. Dr. Priyanka was dropped from the list of witnesses.