STATE (NCT OF DELHI) Vs. SUNIL

JUDGEMENT

(1.) THIS petition has been preferred under Section 378(3) Cr PC to seek leave to appeal against the judgment dated 30.10.2014 passed by the learned Metropolitan Magistrate -03 (West), Tis Hazari Courts, Delhi in the case arising out FIR No.367/04 under Section 324 read with Section 34 I.P.C., P.S. Nangloi, titled State v. Sunil Kumar & Anr. The petitioner has also moved an application to seek condonation of four days delay in filing the petition.

(2.) BY the impugned judgment, the learned MM has acquitted the two accused by giving them the benefit of doubt. The allegation against the accused persons were that on 30.04.2004 at about 10:45 a.m. at Gevra More bus stand, Rohtak Road, the accused persons in furtherance of their common intention voluntarily caused simple injury with a sharp object, i.e. blade to the complainant namely one Shaqib @ Pintoo, s/o Ali Hassan.

(3.) THE case of the prosecution was that the accused Sajid was engaged to the sister of Shaqib (PW -1), but due to some reason the marriage was cancelled. This led to disputes and it was alleged that the accused Sajid started threatening Saqib on telephone. It was alleged that on 29/30.04.2004, PW -1 Shaqib had left his house at 9:30 a.m. for Nagloi bus stand from where he boarded a bus going towards Tikri border. It was alleged that the accused, along with two other persons, were also present in the bus. When the bus reached near Gevra More, the accused persons put knife behind him and asked him to get down from the bus. PW -1 got down from the bus and the accused Sajid along with the other co -accused persons slapped him and took into the jungle near Gevra More. There the accused persons attacked PW -1 on his back and chest with a blade. The co -accused and the Sajid caught held of PW -1, and the accused Sajid attacked PW -1 with a blade on his chest and back. PW -1 Shaqib saved himself and managed to escape from the spot and reached the ring road and came to his home. His father then informed the police about the incident, and the police came to the house of PW -1 and took him to SGM Hospital where he got medical treatment.