MITHLESH KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted against the judgement of conviction dtd. 28/4/2009 and order on sentence dtd. 30/4/2009 passed by Additional Sessions Judge, East District, Karkardooma Courts in the case arising out of FIR No. 859/2007 registered under Ss. 308/323/34 IPC at P.S. Shakarpur, Delhi.

(2.) The facts, in a nutshell, are that the complainant, Bhure, on 21/11/2007 at about 8.30 PM tried to stop the appellants from passing through his onion fields. The appellants refused and started giving beatings to him by Dandas. When Deen Dayal, the father of Bhure tried to intervene, he was also given beatings. The incident was also witnessed by one Mahender, who took the complainant and his father to Lal Bahadur Shastri Hospital. Thereafter they went to the police station to report the matter and the present FIR came to be registered. Charges were framed under Ss. 308/323/34 IPC.

(3.) In trial, a total of 8 witnesses were cited by the prosecution to prove its case. The injured Bhure and Deen Dayal were examined as PW1 and PW3 respectively. Mahender, who witnessed the incident was examined as PW2. Dr. M.N. Singh, who examined the x-ray plates of the injured was examined as PW6. Dr. Sushil Kumar, who examined the injuries of the victims was examined as PW7. The other witnesses were formal in nature, who deposed relating to various aspects of investigation. On the other hand, the accused persons, in their statement recorded under Sec. 313 Cr.P.C. claimed innocence and false implication. They also examined one Roshan Lal as DW1 who deposed that the appellants were invited in his daughter's wedding and were serving baratis (the wedding guests) at the time of incident.