SATISH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present appeal the appellants seeks to assail the judgement of conviction dtd. 21/11/2017 and the order on sentence dtd. 25/11/2017 passed by District & Sessions Judge(North), Rohini Courts, Delhi in Sessions Case No. 58248/2016 arising out of FIR No. 204/2013, registered under Ss. 308/34 IPC at P.S. Jahangir Puri, Delhi.

(2.) Vide the impugned order on sentence, the appellants were each convicted for the offence punishable under Sec. 308/34 IPC and sentenced to undergo RI for a period of 30 months alongwith fine of Rs.1,000.00 each in default whereof to undergo SI for a period of 1 month. A compensation of Rs.1,000.00 each shall be payable by the appellants to the victims/injured persons. The benefit of Sec. 428 Cr.P.C. was granted to both the appellants.

(3.) Briefly put, the case of the prosecution is that on 17/6/2013, information regarding the incident was recorded vide DD No. 31A, pursuant to which ASI Hafizur Rehman, alongwith Ct. Mangal Chand, reached H. No. 89, Gali No. 4, Harijan Colony, Bhalswa Village, Delhi, where the complainant Narender Kumar was found and his statement was recorded. He stated that at about 9:30PM, while he was present at his house, he called his friend Jeetu to enquire about his well-being. Instead of Jeetu, another person answered the call, abused him, and threatened to come to his house and beat him. Upon being asked, the complainant disclosed his address. Thereafter, at about 10:30PM, accused Satish and Naveen, whom the complainant knew well, came to his house. Satish called the complainant downstairs and enquired whether the last digits of his phone number were 500, to which the complainant replied in the affirmative. At that point, Naveen caught hold of the complainant and Satish struck him on the head with an iron rod, causing bleeding. On hearing the complainant's cries, his brother Devender, mother, and sister came out to intervene. It is further alleged that Satish then called his brother Jai Kishan and nephew Sudhir, who arrived at the spot; Jai Kishan was carrying an iron rod and Sudhir a danda. Jai Kishan hit Devender with the iron rod, while Sudhir inflicted danda blows on the complainant's sister and mother. Upon raising hue and cry, the accused persons fled from the spot. The complainant further stated that he dialled 100, pursuant to which the police arrived and took the injured persons to the hospital.