PANKAJ VERMA Vs. STATE OF DELHI & AN

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') assailing the order dated 07.08.2015 passed by the Additional Sessions Judge-2 (North), Rohini Courts, Delhi in case FIR No. 729/13, whereby charge under Section 307/34 of the Indian Penal Code, 1860 (hereinafter referred to 'IPC') was ordered to be framed against the present petitioner and other co-accused persons.

(2.) Factual matrix emerging from the record is that, on 19.10.2013 at about 12:50 a.m. a PCR Call was received from Beggar Home. On enquiry it was found that a scuffle had taken place between one Amit Rana/injured victim and one Babu/main accused wherein the latter inflicted injuries on the former with a knife. The injured was taken to SRHC Hospital from where SI P.L. Meena collected the MLC bearing No.3202/13 of victim Amit Rana wherein the doctor had opined that injury had been caused by sharp object and the injured was unfit for statement. Accused Babu was also under the influence of liquor and hence did not make any statement. No eye witness was found. On the basis of surrounding circumstances the subject FIR was registered under Section 307 IPC. The weapon of alleged offence i.e. the knife was recovered and sent to FSL Rohini for examination.

(3.) On 27.08.2014, Amit Rana regained consciousness and his statement was recorded under Section 161 Cr.P.C. wherein he stated that when the quarrel was going on between him and Babu, three persons namely Pankaj Verma, caretaker Rakesh and Harish intervened and caught hold of him and in the meanwhile Babu brought a knife from the kitchen and hit his neck while Harish hit him with a mushli.