MANGAL SINGH Vs. STATE (GOVT OF NCT) DELHI

JUDGEMENT

(1.) By these appeals the appellants challenge the common impugned judgment dated 7th October, 2010 whereby they along with accused Sunil Paswan have been convicted for offence punishable under Section 307 IPC r/w Section 34 IPC in FIR No.80/2012 registered as PS Ranhola, Delhi and the order on sentence dated 23rd October, 2015 directing them to undergo Rigorous Imprisonment for a period of five years and fine of Rs.1,000/ - and in default of payment of fine to undergo simple imprisonment of three months each.

(2.) The prosecution case in brief is that on receipt of DD No.2A Ex.PW - 9/A at 12.50 AM on the intervening night of 7th/8th April, 2012 recorded by ASI Resham Pal (PW -9 ), ASI Ashok Kumar (PW -12) reached the spot, that is, B -2 Block, Suraksha Vihar, Commander Chowk where he found no eye witness nor did he receive any information regarding the incident so he kept the DD pending. On the same day another DD No.6A Ex.PW -11/A recorded at 2.30 AM was received regarding admission of injured Ajay in the DDU hospital. ASI Ashok Kumar went to DDU Hospital where he came to know that the injured had been taken to Tilak Nagar for X -ray. Thereafter he went to Tilak Nagar Janta X -ray where he met the injured Ajay Kumar Sharma and recorded his statement Ex.PW -2/A.

(3.) Ajay Kumar Sharma, son of Bhullan Singh PW -2 stated that he was working as Head Constable in Delhi Police. His father used to sit at Shop No.1 Sharma Market, Durga Chowk, Vikas Nagar. On 7th April, 2012 flooring work was being done in the shop. At around 10.30 PM there was some confrontation with respect to lifting of the pant of the mason between the mason and Pawa, younger brother of Ajay S/o Harnam. The matter was settled after Pawa apologised to the mason. At around 11.00 PM, the appellants along with other persons came to the spot. Sunil Paswan S/o Asarfi Paswan was carrying a knife, younger brother of Sunil was carrying a danda. Sunil exhorted that "yehi police wala Ajay hai. Aaj Yeh nahi bachna chahiye". Sunil Paswan gave him several knife blows and younger brother of Sunil gave him a danda blow on his head. Pawa, Sumit, Ajay, the fat boy and two -three boys were throwing pieces of bricks on the complainant. The complainant tried to stop Sunil from giving him knife blows due to which the complainant injured his hand. Due to injuries, the complainant fell down and on this Sunil stated 'ab iska kaam tamam ho gaya hai, ab hum apne ko khud chot mar kar police ko dhoka dekar bachne ke liye kaam karenge' and thereafter all of them ran away from the spot. He stated that somebody took him to Ashirwad Clinic from where his brother brought him to DDU hospital.