ISLAM Vs. STATE

JUDGEMENT

(1.) THE present appeal has been preferred by the two appellants to challenge the judgment of their conviction and sentence dated 21-05-2001 passed by the ASJ to undergo R. I. for a period two years each for the offences under sections 324/34 of the Indian Penal Code (IPC for short ).

(2.) THE case of the prosecution in brief is that the appellants, being the relatives of one Mrs. Bano (PW1) and her husband Kallu (PW2), along with four other persons having their faces covered entered the house of PW1 and PW2 at night at about 2 am on the night of 12/13-09-1998 and inflicted injuries with knife on both, PW1 and PW2. Thereafter, the injured persons were taken to GTB hospital in PCR van and on receiving such information, DD No. 29 (Ex. PW7/a) was recorded. One HC Hari Om along with Ct. Mahveer reached the spot from where they reached GTB hospital and registered the case vide FIR No. 677/1998 (Ex. PW3/a)dated 13-09-1998 on recording the statement Ex. PW1/a of PW1 after having been declared fit for making statement by the doctor. Both the injured persons were medically examined by the doctors in the hospital vide their MLCs Ex. PW6/a and ex. PW8/a.

(3.) SUBSEQUENTLY, both the appellants was arrested and on interrogation, made disclosure statements. The injured PW2 also produced a knife like khukari (Ex. P1) before the IO and an opinion of the doctor was sought of the said knife. The case was committed to trial and charges were framed against the appellants vide order dated 30-01-2001. The appellants pleaded not guilty and claimed trial. The prosecution had examined ten witnesses in support of its case against the two accused persons. When examined under Section 313 of the Code of Criminal procedure (the said Code for short) both the accused denied the prosecution case in its entirety and pleaded false implication on account of previous animosity. After hearing the learned Counsel for both the parties and considering the material placed on record, the learned trial Court convicted both the accused persons for the offences u/s 324/34 IPC and sentenced them to undergo R. I. for a period two years. Feeling aggrieved, the said convicted accused persons have come up in appeal where the sentence of the appellants was suspended pending the appeal vide order dated 18-07-2001 till bailable warrants were issued against them for production before the court.