LAWS(DLH)-2017-2-86

DINA NATH & ORS. Vs. STATE

Decided On February 15, 2017
Dina Nath And Ors. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeal has been filed by the appellants being aggrieved by the judgment of conviction dated 03.09.2002 passed by the learned Additional Sessions Judge, Delhi convicting the appellants for the offence punishable under Sec. 304/307/323/34 of Indian Penal Code (hereinafter referred to as I.P.C.), and order on sentence dated 05.09.2002, whereby the appellants have been sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.1,000.00 each for the offence under Sec. 304 of Penal Code and in default of payment to further undergo rigorous imprisonment for six months. They were also sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs.1,000.00 each for the offence under Sec. 307 of Penal Code and in default of payment to further undergo rigorous imprisonment for six months. For the offence punishable under Sec. 323 of IPC, the appellants were separately sentenced to undergo simple imprisonment for one year.

(2.) The facts emerging from the record of the prosecution are that on 204.1997 at about 10.00 PM, when the informant Mohinder Singh (PW-1) returned to his house at Agar Nagar, Kachcha Colony, he came to know that his neighbor Dina Nath had some altercation with his children during the day time. On this, Mohinder Singh asked Dina Nath and objected as to why he had quarreled with his children, the appellant Dina Nath along with 2/3 more persons who were also living in the neighborhood gave beatings to Mohinder Singh and his uncle (mausa) Ashok with lathis and dandas. The appellant Dina Nath gave blow in the abdomen with some sharp object as a result of which Mohinder Singh started bleeding. When Smt. Angoori (PW-2), who is mother in law of Mohinder Singh and one Banwari, came to save him, they were also beaten up. Thereafter, the accused persons ran away. An information was received at Police Station Sultanpuri, vide DD No.91B and investigation was taken over by HC Umed Singh. Police came and injured were taken to Hospital. HC Umed Singh visited the hospital and collected the MLCs of injured persons. Statement of Mohinder Singh was recorded and thereupon a case under Sec. 324/34 of Penal Code was registered. Place of incident was inspected, site plan was prepared, statement of other witnesses were also recorded and thereafter, Sec. 307/323 of Penal Code were added in the FIR. The appellants were arrested. Injured Ashok was treated in various hospitals but ultimately he died on 10.07.1997. Inquest proceedings were conducted by Sub-Inspector Sanwar Mal and the post mortem of the deceased Ashok was conducted. Accordingly, Sec. 302 of Penal Code was added in the FIR.

(3.) After completion of investigation, the challan was filed in court and charges under Sec. 323/304/34 of Penal Code were framed against the appellants vide order dated 28.05.1999, to which the appellants pleaded not guilty and claimed trial. Appellant/accused Jainullah absconded during pendency of trial and was declared proclaimed offender and only three appellants faced the trial.