AMARNATH@KALLU AND ANOTHER Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 18th Aug., 2001 convicting the appellants finding them guilty under Sec. 308 read with Sec. 34 of the Indian Penal Code and order on sentence dated 20th Aug., 2001 vide which the sentence was passed against the accused to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs.5,000.00 each, and in default of payment of fine, to undergo further simple imprisonment for six months, the present has been preferred by the appellants.

(2.) The facts in brief are that a complaint was made by Shri Kapil, son of Wakil Mohammad, in which it was alleged against the appellants that on 13th June, 1998 when the complainant Kapil was going to the house of his friend Sarbuland Khan and reached towards Gurdwara, he saw that Sarbuland Khan; Amarnath@Kalu & Nikka@Nikkey who resided in the same locality, were quarrelling with one another. Thereafter, Sarbuland Khan asked Amarnath@Kallu as to why he teased his sister Zohra over which Kallu got angry and asked his associate Nikkey to beat them. This resulted in a minor scuffle in which Kallu and Nikkey brought dandas from their jhuggies and started beating the complainant while Sarbuland Khan went to call the police. In the meanwhile, Kallu and his associates kept on giving danda blows on the head of the complainant Kapil who fell down. After that police came on the spot and the complainant was admitted to S.D.N. Hospital and his statement was recorded by the police. After investigation of the case, the charge sheet was filed for offence under Sec. 308 read with 34 of the Penal Code against both the accused. Both the accused persons pleaded not guilty.

(3.) The prosecution had examined as many as 11 witnesses namely PW 1 Kapil, PW 2 Ramji Lal, PW 3 Dr.D. Chatterjee, PW 4 Dr. Amitabh Singh, PW 5 Smt. Usha Rani, PW 6 Nisan Singh, PW 7 HC Sat Prakash, PW 8 Const.Khursheed Ahmad, PW 9 SI Ramesh Malik; PW 10 Dr.Chaitanya Sharma & PW 11 Dr.Sharmila Mitra. The statements of the accused persons were recorded under Sec. 313 of the Code of Criminal Procedure by placing the incriminating evidence against them.