AQUIL KHAN Vs. STATE

JUDGEMENT

(1.) These are two criminal appeals arising out of a common judgment dated 30th November, 2005, and Order on Sentence dated 6th December, 2005, whereby both the appellants were convicted under Section 307 of IPC read with Section 34 thereof. The appellant Mohd. Yamin was sentenced to undergo R.I. for two years and to pay a fine of Rs. 1,000/- or to undergo R.I. for four months, in default, whereas the appellant Aquil/Akhil Khan was sentenced to undergo R.I. for one year and to pay fine of Rs. 500/- or to undergo R.I, for three months, in default.

(2.) The case of the prosecution, as disclosed in the FIR lodged by the injured Amit, is that on 1st December, 1998 at about 7.30 P.M. when he was returning home, accompanied by his friend Jitu and Vinod, and reached main road of H Block, Shakurpur, some boys, including Yamin and Aquil came from opposite direction and started beating Jitu. He alleged that Aquil was holding Jitu when Yamin was beating him. He further alleged that when he tried to save Jitu, Aquil held him, whereas Yamin caused injuries on his head,'.right hand and other parts, with a sharp object.

(3.) The injured Amit came in the witness box as PW-3 and stated that on the day of this incident, when they were going towards H Block, about 10-15 boys, including Yamin and Aquil came there. Yamin took hold of his friend and when he tried to rescue him, Yamin gave knife blow on his stomach and on back side of his neck. The boys then ran away and he went to Chawla Hospital where the police recorded his statement Ex.PW3/A, which is signed by him at point A. He identified both the appellants, who were present at the time of recording his statement.