ANIL KUMAR @ KAKE Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The above titled four appeals spring from an order of 20th October, 2006, passed by the trial court, whereby appellants -Yogesh, Jakir Ali and Anil Kumar @ Kake have been convicted and sentenced to undergo RI for seven years and fine of Rs. 2,000/ - each, in default thereof to undergo RI for two months, for committing offence under Sec. 120B, r/w Sec. 394/397 of the IPC and to a further undergo RI for seven years and fine of Rs. 2,000/ - each, in default thereof to undergo RI for two months, for the offence under Sec. 394/397, r/w Sec. 120B of the IPC. Appellant Harish has been convicted and sentenced to undergo RI for seven years and fine of Rupees two thousand, in default thereof to RI for two months for the offence under Sec. 120B, r/w Sec. 394 of the IPC and RI for seven year and fine of Rupees two thousand, in default thereof to undergo RI for two months, for the offence under Sec. 394, r/w Sec. 120B of the IPC.

(2.) The precise case of the prosecution is that on 5th October, 2002, upon receipt of DD No. 55 -B, Sub -Inspector Saheb Singh (PW -16) along with Constable Jagat Pal (PW -8) reached the spot where he came to know that the injured had already been removed to Trauma Center, where he recorded the statement of injured - Raj Kumar (PW -1). In his statement injured Raj Kumar (PW -1) narrated the purported incident, its gist is as under:

(3.) On the basis of statement given by injured Ram Kumar (PW -1), FIR No. 418 of 2002, under Ss. 394/397/34 of the IPC, was registered at Police Station I.P. Estate, Delhi and after completion of the necessary investigation, charge sheet in this case was filed in the court.