ANISH ALIAS MONU Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 10. 5. 2001, appellant Suresh Kumar @ luchra has been convicted for the offence of having murdered Vijender son of khyali Ram. All the appellants have been convicted for the offence of causing simple hurt to Harish as also for wrongfully confining Harish i. e. for the offence punishable under Section 323 IPC and the offence punishable under section 341 IPC. A co-accused Sunil died during trial. We may clarify that since there were five accused and the allegation against them was of having formed an unlawful assembly, the conviction for the offence of simple hurt and wrongful confinement is with the aid of Section 149 IPC. As per the impugned decision, since the object of the unlawful assembly was to cause hurt to harish, the act of accused Suresh Kumar of stabbing the deceased, who had intervened later on when Harish was being beaten, has been held to be the individual act of Suresh Kumar and not the object of the unlawful assembly or within the contemplation of the other members of the unlawful assembly.

(2.) AT 1959 hours on 16. 4. 1997 DD No. 44-B, Ex. PW- 16/a, was recorded at PS najafgarh that a person has been stabbed and was lying in an injured condition at the bus stand of village Chhawla. SI Shyam Pal Singh PW-17 accompanied by const. Ashok reached the spot and on learning that the injured had been removed to DDU Hospital proceeded to the hospital.

(3.) AT the hospital the injured named Vijender was brought in a Maruti van by subhash Chand PW-5, Khyali Ram PW-1 and Samai Singh PW-4. Khyali Ram is the father of Vijender and Samai Singh is his brother. Dr. Sanjiv Vashisht was on duty in the emergency of DDU Hospital and he prepared the MLC Ex. PW-13/a of vijender, noting therein that the patient was dead. Being relevant, it may be noted that in the MLC it has been recorded that the patient Vijender has been got admitted by his father.