DEEPAK AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) Appellants Deepak (A-1), Naresh (A-2) and Suresh (A-3) impugn a judgment dated 01.05.2012 of learned Additional Sessions Judge in Sessions Case No.62/2010 arising out of FIR No.181/2008 registered at Police Station New Friends Colony by which they were held guilty for committing offence punishable under Sections 307/34 IPC. By an order dated 14.05.2012, they were sentenced to undergo RI for five years with fine Rs. 25,000/- each.

(2.) Briefly stated the prosecution case as reflected in the chargesheet was that on 26.02.2008 at about 11:00 p.m. at Pradeep Hotel, Khizrabad, New Delhi, the appellants in furtherance of their common intention inflicted injuries to Devender Singh @ Titu with an intention to commit murder. DD No.25A (Ex.PW2/C) came into existance at 1:45 on the night intervening 26/27.02.2008, on the basis of information received from Holy Family hospital regarding admission of Titu in injured condition in a quarrel. The victim was admitted in the said hospital by his friend Harish (Vicky). HC Mahender Singh along with HC Vinod Kumar went to Holy Family hospital and procured Titu's MLC. Titu Kumar was not found present in the causality/hospital. At 04:22 night, vide DD No.28A (Ex.PW2/E) information about admission of Titu Kumar at AIIMS Trauma Centre after being shifted from Holy Family hospital was recorded. Titu was admitted there by his father. Vide DD No.27A (Ex.PW2/D) recorded at 04:10 a.m. at Police Station New Friends Colony, Titu's father informed that his son who was stabbed was not being treated at Trauma Centre, Safdarjung hospital. On getting DD No.28A (Ex.PW2/E), HC Mahender Singh went to AIIMS where the victim was declared unfit to make statement. On 27.02.2008 at around 11:30 a.m. the victim was fit to make statement. The Investigating Officer recorded his statement (Ex.PW-1/A) and lodged First Information Report after making endorsement (Ex.PW-3/A) over it. Thereafter, the IO along with Harish went to the spot. The subsequent investigation was taken over by SI Kailash Chand Meena (PW-8). During investigation, statements of witnesses conversant with the facts were recorded. The accused persons were arrested. After completion of investigation, a charge-sheet under Section 307/34 IPC was filed against the appellants in the Court. To bring home their guilt, the prosecution examined eight witnesses. In their 313 statement, the accused persons denied their complicity in the crime and pleaded false implication. DW-1 (Hari Kumar), DW-2 (Anil) and DW-3 (Babu Narain Singh) were examined in defence. The trial resulted in their conviction as aforesaid. Being aggrieved and dissatisfied, they have preferred the appeals. It is pertinent to mention that victim Devender @ Titu has also filed Crl.A.No.1332/2012 for enhancement of sentence and payment of compensation to him.

(3.) I have heard the learned counsel for the parties and have examined the file minutely. Learned counsel for the appellants urged that the trial court did not appreciate the evidence in its true and proper perspective and fell into grave error in relying upon the testimony of the complainant who has given divergent and conflicting versions. Being under the influence of liquor, he was unable to remember the sequence of events. Considerable delay in lodging the FIR has remained unexplained. Weapon of offence could not be recovered. The prosecution did not produce the examining doctor. Non-examination of material witness Harish who had allegedly taken the victim to the hospital is fatal. Learned APP urged that the complainant has fully supported the prosecution and no valid reasons exist to discard his testimony as he had suffered injuries 'dangerous' in nature.