SAMODH @ JONI Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants Samodh @ Joni and Sanjay assailing the judgment and order on sentence dated 11th February, 2002 and order on sentence dated 12th February, 2002 respectively whereby they have been convicted for committing the offence punishable under Section 307/323/34 IPC and sentenced as under:- <FRM>JUDGEMENT_100_LAWS(DLH)8_2017.html</FRM> Both the sentences were ordered to run concurrently.

(2.) Briefly stating, the case of the prosecution is that the complainant/injured Phool Singh was running a dairy in his jhuggi. On 31st October, 1995 at about 9.15 pm when he was present in his jhuggi, accused Sanjay and Joni, whom he knew, alongwith two-three other persons came there. They were having lathis, hockey and knife. They attacked him with lathis, hockey and knife saying that they will not spare him. When he raised alarm, his cousin Rohtas came there who was also assaulted. Thereafter the accused persons ran away on scooter from the spot.

(3.) On the basis of statement made by injured/complainant Phool Singh, FIR No. 544/1995 under Section 307/323/34 IPC registered at PS Shalimar Bagh. After completion of investigation, the chargesheet was filed.