MUKHTIAR AHMED & ANR. Vs. STATE

JUDGEMENT

(1.) The appellants Mukhtiar Ahmed (expired during pendency of this appeal), Naseem Ahmed and Juber Ahmed have preferred these appeals under Section 374(2) Cr.P.C. assailing the judgment and order on sentence dated 23rd January, 2002 passed by the learned Addl. Sessions Judge, Delhi, vide which the appellants have been convicted for committing the offence punishable under Sections 307/323/34 IPC and sentenced to undergo RI for five years with fine of Rs. 1000/- each and in default of payment of fine, to undergo RI for one month for the offence punishable under Section 307/34 IPC and further to undergo RI for six months for the offence punishable under Section 323/34 IPC. Both the sentences were ordered to run concurrently.

(2.) Briefly stating, the case of the prosecution is that the complainant/injured Suresh was doing the business of 'Kabadi'. He was residing as tenant at H.No.1203, near Masjid, Yamuna Pushta, Multani Mohalla, Gandhi Nagar, Delhi. His landlord had been repeatedly asking him to vacate the tenanted premises. On 25th September, 1991 at about 2.30 pm, while he was returning from the market, appellants Juber and Naseem Ahmed @ Guddu met him and abused him. They asked him about his decision regarding vacation of tenanted premises as had been asked by the landlord Ibrahim. In the meantime, appellant Mukhtiar (since expired) and accused Dabar (since expired), who were armed with dandas, also reached there. Appellant Mukhtiar uttered the words 'Ab Dekhte Kya Ho, Aaj Iska Kaam Kardo', Juber caught hold of him and appellant Naseem @ Guddu took out churri from his pant and attacked him (complainant) with churri which hit on left side of his chest. When he tried to run, accused Dabar gave him a danda blow and caught hold of him. Then Naseem @ Guddu again attacked him with churri but he (complainant) managed to snatch the churri from Naseem @ Guddu. On this, all the four accused caught hold of him and when Naseem @ Guddu tried to snatch churri from him, the blade of the churri caused injuries on the right hand of Naseem. Sh. Madan Lal, who also used to work as Kabadi, raised alarm and on this, all the accused persons caught hold of Madan Lal and gave a danda blow on the head of Madan Lal due to which he (Madan Lal) received injuries. The matter was reported to the police and the injured was taken to the hospital.

(3.) Both the injured were discharged on the same day. Although initially the opinion regarding the injuries suffered by injured/complainant Suresh was not given, later on the nature of injuries was opined as 'simple' caused by sharp and blunt objections. As per the MLC of injured Madan Lal, the nature of injuries was opined as 'simple' caused by blunt object.