ROHIT Vs. STATE

JUDGEMENT

(1.) By way of the present appeal, the appellants seek to assail the judgement of conviction dtd. 7/8/2023 vide which they have been convicted for offences punishable under Ss. 304 (Part-1)/323/341/34 IPC and order on sentence dtd. 9/11/2023 vide which they were directed to undergo rigorous imprisonment for a period of 7 years for the offence punishable under Ss. 304 (part-l)/34 IPC along with payment of fine of Rs.7,000.00, in default whereof they were directed to further undergo simple imprisonment for a period of 6 months; rigorous imprisonment for a period of 1 year for the offence punishable under Ss. 323/34 IPC and rigorous imprisonment for a period of 1 month for the offence punishable under Ss. 341/34 IPC. The benefit of Sec. 428 Cr.P.C. was also provided to the appellants and the sentences were directed to run concurrently.

(2.) As per the prosecution case, the investigation commenced on receipt of an information on 8/4/2017 at 12.10 AM registered as DD No.3A at P.S. Begampur (Ex.6/A). The information was routed through PCR call made from mobile No.9818294838 stating that at D-Z/203 Sector-20 Rohini near NDPL office, there has been a quarrel and the injured has been hit on the head with a danda. The name of the informer was noted as Lakhan Singh. At the same time, another information also came to be recorded as DD No.3A (later on re-numbered as DD No.4A and time changed to 12:20 AM) at the aforesaid Police Station (Ex.DW-2/B). As per the information, the caller informed that he has been beaten badly and injured near Sector-20, Rohini at Plot No.G2/96 near Sunday Bazar Chowk. The information was provided through mobile No.9250660642.

(3.) Before proceeding further, this Court deems it apposite to note that as per the admitted case of the parties, both the parties were living in the same neighbourhood, their houses being on the opposite side of the park. As would be evident from the record, while the first information (DD No. 3A) was given through mobile phone of the injured Hoshiyar Singh - the caller being his wife Usha, the second information (DD No. 4A) was recorded at the instance of the accused party.