MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed challenging the Judgment dated 17.04.2003 passed by the Additional Sessions Judge, New Delhi in case FIR No.178/1998 (Sessions Case No.36/1998) convicting the Appellant for the offence under Section 326 read with Section 34 of the Indian Penal Code (IPC) and Order on sentence dated 24.04.2003 awarding the sentence of Rigorous Imprisonment for three years and fine of Rs.10,000/-, in default further Rigorous Imprisonment for six months on the Appellant.

(2.) The case of the prosecution is that on 13.03.1998, which was the day of the festival of Holi, a quarrel took place at A-18, Okhla Industrial Area, Phase-I, New Delhi. On investigation, it was found that the Appellant along with Ram Bahadur, Krishan Bahadur (accused no.1), Mukesh Singh (accused no.3) and Murari Thapa (accused no.4) had attacked the injured Naresh Kumar Paswan and Gangesh Paswan who were at the abovementioned address.

(3.) It is the case of the prosecution that the Appellant was carrying a cricket bat at the time of the incident while others were carrying Khukhari, Iron Rod and baton(danda). PW-1 Ganesh Paswan had lost his finger and PW-2 Sarwan lost his eye at the hand of the assailants.