PREM PRAKASH ALIAS PREM Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 31-8-1976 passed by the Additional Session Judge, Delhi whereby the appellants were convicted under Section 307/34 I.P.C. and were sentenced to undergo rigorous imprisonment for four years each together with a fine of Rs. 200/- each or in default of payment of fine to suffer further rigorous imprisonment for four months. These appeals shall be disposed off by the common judgment.

(2.) The incident giving rise to the present appeals took place on 7-9-75. It appears that the complainant Anil Kumar (P.W. 5) and appellants were in love with Ms. Uttam (P.W. 6). Since Ms. Uttam (P.W. 6) used to remain in the company of Anil Kumar (P.W. 5), the appellant felt ill about it. According to the prosecution, on 7-9-75 at about 8 p.m., while Anil Kumar (P.W. 5) and Ms. Uttam (P.W. 6) were proceeding towards Dina Ka Talab, the appellants came from behind. Appellants Amir Chand and Prem Prakash secured Anil Kumar and dragged him in a nearby lane. Appellant Ved Prakash followed them. Thereafter, the appellant Ved Prakash took out a knife and inflicted two blows with it as a result whereof Anil Kumar sustained one injury on the left side of his stomach and the other on his left thigh. Anil Kumar (P.W. 5) raised an alarm, which attracted Ganpat (P.W. 8) to the spot, seeing whom the appellants Amir Chand and Prem Prakash showed their heels. When Anil Kumar (P.W. 5) started going towards Basant Restaurant the appellant Ved Prakash again inflicted another knife blow on his back. Anil Kumar (P.W. 5) fell on the ground and became unconscious. Immediately thereafter, he was removed to the Irwin Hospital where he was medically examined by Dr. Y. P. Kapoor. A message was flashed from the spot to the flying squad which, in turn, informed P. S. Roshanara about the occurrence. A case under Section 307/34, IPC was registered at the P. S. Roshanara. Investigation, thereafter, followed. On completion of this investigation, the charge was laid.

(3.) The appellants abjured their guilt and alleged that a false case has been foisted on them. On the evidence adduced by the prosecution, the learned Session Judge came to the conclusion that the appellants had some leaning towards Km. Uttam (P.W. 6) who was not favourably inclined towards any one of them but was actually carrying on an affair with Anil Kumar which was not liked by the appellants. Apparently, the appellants wanted to get rid of Anil Kumar and for that reason, they assaulted Anil Kumar. According to the learned Session Judge, the appellant Prem Prakash and Amir Chand secured Anil Kumar and the appellant Ved Prakash inflicted two knife blows to him, one on the left side of his stomach and the other on his left thigh. Anil Kumar raised an alarm, which attracted Ganpat (P.W. 8) to the spot seeing whom the appellants Prem Prakash and Amir Chand showed their heels. When Anil Kumar started going towards Basant Restaurant, the appellant Ved Prakash inflicted another knee blow on his back. In the result, the learned Additional Session Judge found the appellants guilty and convicted them under Section 307/34, IPC and sentenced each of them to suffer rigorous imprisonment for four years together with a fine of Rupees 200/- in default to suffer rigorous imprisonment for four months.