ROHIT Vs. STATE

JUDGEMENT

(1.) By the three appeals, appellants challenge the impugned judgment dated 23rd May, 2017 whereby they have been convicted for offences punishable under Sections 307/34 IPC and Section 3 of The Prevention of Damage of Public Property Act, 1984 (in short the PDPP Act) read with Section 34 IPC. Besides the conviction on these two counts appellant Anil Raj and Rohit have also been convicted for offences punishable under Section 186/353/332/34 IPC and appellant Anil Raj has also been convicted for offence punishable under Section 279 IPC.

(2.) Case of the prosecution was initiated on receipt of a PCR call regarding a quarrel at Dakshinpuri towards Pushp Vihar Road near Senior Secondary School on 17th May, 2012 at 5.30 PM which was recorded vide DD No.38A and exhibited vide Ex.PW-2/A. ACP Om Prakash the then SHO PS Ambedkar Nagar on being informed by the duty officer reached the place along with SI P.K. Jha (PW-13), H.C. Sunil Gaur, his driver and operator. One official car No. DL-1CJ-4605 was found at the spot and windscreen and driver side glass of window of the said car were damaged. Some splinters as well as bricks were found lying inside the car as well as on the road. Two motorcycles i.e. one bearing No. DL-3SBC-6891 make TVS and other DL-3SAY-4601make Bajaj were also found parked near the spot. Two beat Constables also reached the spot and noticed the sticker of Judge affixed on the car and it was revealed that judicial officers who were injured in the incident had been taken to hospital in PCR van.

(3.) Acp Om Prakash reached the Trauma Centre where he met Chaman Lal (PW-1) the driver of the car and the three Judges, who were travelling in the car namely M.K. Nagpal, Ajay Garg and Inderjeet Singh, PW-6, PW-12 and PW-14 respectively. MLCs of the three injured were collected. Rukka on the statement of Chaman Lal vide Ex.PW-1/A was recorded and sent for registration of FIR.