SADDAM Vs. STATE

JUDGEMENT

(1.) Investigation was set into motion on receipt of information through PCR at 7.55 PM recorded vide DD No.25A (Ex.PW-2/A) informing "Chauhan patti wali gali, ek ladke ko chaaku maar diya hai, jise le kar GTB jaa rhe hain." The DD entry was assigned to HC Ajeet and later to SI Yogesh (PW-17).

(2.) Fir No.21/2013 under Section 326 IPC was registered on the complaint of Rashid (PW-1), the injured victim who stated that the appellant is his cousin and both of them have welding shops. On 28th January, 2013, he opened his shop and one gate was brought by one customer for repairing. On seeing this, his mausa-mausi (appellant's parents), Kamil (appellant's brother) and the appellant Saddam started quarrelling, saying that the said customer was theirs. He told the customer that his shop was old and Saddam's shop was new and the customer had the choice of getting work done from either of the shops. The customer however, got work done from his shop. Appellant and his family members returned to their shop. In the meantime, another customer brought two gates and since he was having sufficient work, he sent this customer to Saddam's shop and the customer went to Saddam's shop. Thereafter Rashid went to his residence for lunch and thereafter to Sonia Vihar to collect some payment. His father also left for his residence and his brother came to the shop. After completing his work, he went to urinate at a distance of about 2-3 minutes on foot. While he was urinating, Saddam came to the spot and gave knife blow on his back while the father and brother of Saddam held him. Another knife blow was inflicted on his abdomen. In his defence, Rashid kicked Saddam on his private part, after which Saddam sat down and his father Habib took the knife from Saddam and tried to give blows on Rashid's neck. He tried to save himself and received injuries on his left arm, various parts and succeeded in running away after pushing the assailant. He thereafter reached Dr. Sumitra's clinic and got first aid from there. He was then taken to GTB hospital by Danish (PW-4), his neighbour. In the hospital he fell unconscious and gained consciousness only on the next day at 11.00 A.M.

(3.) Since weapon of offence was not recovered and the doctor opined the injuries to be grievous Sections 201 and 308 IPC were added to the charge sheet however, later Section 308 IPC was replaced by Section 307 IPC.