MOHD. MOTI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Crl. M. A. No. 16758/2017 (Exemption)

(2.) The brief and necessary facts to dispose of the present petition is that on 17.09.2017, the complainant/Roshanara along with her son Owais Altmas went to the house of her sister-in-law/Akbari Khatton where her another sister-in-law/Gulshan Aara, Devrani/Majhabin Fatima and Rehan, son of Akbari Khatoon were already present; that at about 9:00p.m., accused Raja @ Shamshad along with his friends Salman @ Nepali and Naseem came there and enquired from Majhabin Fatima about her husband Nihal; that Raja and Salman were armed with knife and Nasim was carrying an iron rod; that when Mahjabin expressed her inability to tell about her husband Nihal, Raja put hold the neck of Mahjabin Fatima; that the complainant, Owais Altmas, Rehan and Gulshan tried to help Mahjabini Fatima, Raja inflicted injuries on the complainant and her son Owais Altmas; that Salman inflicted injuries on Rehan; that Nasim attacked on Gulshan with an iron rode; that in the meantime Mohd. Moti, father of Raja @ Shahsad, Rehmat Hussain, father of Salman came to the spot and both instigated the accused persons to kill the complainant and her companions; that people of the locality gathered at the spot on which all accused persons succeeded to flee from the spot; injured were transferred to Majidia Hospital; that victim Owais Altmas received grave injury whereas complainant and other victims received simple injuries.

(3.) Learned counsel for the petitioner contended that the petitioner is an innocent person having clean antecedents; that the petitioner has no role to play in the alleged scuffle took place between his son and the complainant and her relatives; that the petitioner was not present at the time of alleged incident and he came to know about the same later on; that the complainant and his relatives belongs to the same village of the petitioner and the instant FIR is the outcome of the personal grudge against each other.