AAS MOHAMMAD Vs. STATE

JUDGEMENT

(1.) By way of separate appeals, the appellants seek to challenge the judgment of conviction and order on sentence dated 09.08.2001, whereby the appellants - have been held guilty for the offence punishable under Sec. 308/34 of Penal Code and they have been sentenced to undergo rigorous imprisonment for a period of three years each with fine of Rs.2000.00 each and in default, they were ordered to further undergo simple imprisonment for thirty days.

(2.) Since the appellants have been convicted and sentenced by the common order passed by learned Additional Sessions Judge, therefore, with the consent of Mr. Bharat Bhushan Bhatia, learned counsel for the appellant - Aas Mohammad and Mr. Varinder Kumar Sharma, learned counsel for the appellant - Balmat, arguments in both the appeals are heard together and are being disposed of by this common order.

(3.) The incident in question is of 29.04.1994, at about 1.30 AM, when the complainant Kulbir Singh, who was a tempo driver, came home by bicycle after parking the tempo at the place of the tempo owner. When he was easing himself outside his house, four persons namely Deenu, Balmat, Basti and brother of Deenu forcibly took him to the House of Nirmala. These persons were carrying lathies with them. First of all, brother of Deenu gave lathi blows on Kulbir Singh's head due to which he became unconscious. Thereafter he was admitted in Deen Dayal Upadhyay Hospital in an injured condition. On receipt of information, the investigating officer reached the hospital. The injured was found unfit for statement and ultimately on 16.05.1994, the statement of the injured Kulbir Singh was recorded when he narrated the incident to the investigating officer. He informed that the aforesaid four persons were carrying lathies with them and when brother of Deenu gave lathi blows on his head, he became unconscious.