ASLAM Vs. STATE

JUDGEMENT

(1.) These are two appeals preferred by appellant Gulzar and appellant Aslam. Appellant Gulzar has been convicted under Sections 392/397 of the IPC and has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo SI for 6 months. For his convictions under Section 394 of the IPC he has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 5000/- and in default of payment of fine to undergo SI for 6 months. Appellant Aslam, has been convicted under Sections 392/394/34 of the IPC and has been sentenced to undergo RI for a period of 5 years and also to pay a fine of Rs. 5000/-; in default of payment of fine to undergo SI for 6 months. The sentences were to run concurrently.

(2.) The version of the prosecution is that on 04.04.2009 at about 10.10 pm, the complainant Utkarsh (PW-4) had hired a TSR from Seemapuri. One boy was already sitting on the rear seat of the TSR. PW-4 sat on the TSR and another boy sat next to him. After crossing 10- 15 yards, another boy sat next to the driver. After crossing Seemapuri both the boys sitting with PW-4 started beating him. One of the boys pressed his neck and the other stabbed him with a sharp weapon. When PW-4 tried to save himself, the second boy gave him a fist blow.

(3.) On the basis of the aforenoted evidence collected by the prosecution, both oral and documentary, the accused persons were convicted and sentenced as aforenoted.