Vinod Prasad, J. - (1.) Challenged in these appeals by a quadruple appellants Mulla @ Kalu @ Tahir (A1), Rahis @ Baboo(A2) Arif(A3), and Saleem @ Pappu(A4) are to the their convictions for offences U/S 307/34 IPC and 323/34 IPC and imposed sentences of ten years R.I. with fine of Rs.5,000/- on each of the appellants and in default of payment of fine to undergo 2 years further RI on the first count and one year R.I. on the second count recorded by Additional Sessions Judge, court no.2, Ghaziabad in S.T. No.304 of 2001, State Vs. Mulla and others connected with S.T. No.760 of 2001, State Vs. Arif, both relating to PS Vijay Nagar, District Ghaziabad, vide impugned judgement and order dated 23.3.2006.Trial Judge has further directed that both the sentences shall run concurrently. It had further directed payment of Rs. Ten thousand as compensation to the injured Mahesh (PW3). Since in all these appeals impugned judgement is one and the same hence it all are being decided by this common judgement.
(2.) Briefly stated prosecution allegations were that informant Nand Kishore P.W.1 and all the appellants are co villagers being resident of village Mirzapur, P.S. Vijai Nagar, district Ghaziabad. A3 and A4 were eve teasers. Shakuntla and Poonam both sisters of PW1 and students of Sushila School were victims of that eve teasing. To save their honour PW1 had taken them to his working place at Delhi were they remained for six or seven months. During vacations all of them returned to their village to live with their parents. On 23.5.2000 when P.W.1, his brother Mahesh (PW3) were going to see off their father Chatrapal Singh (PW4) and younger sister Poonam to railway station then A3 and A4 chased them on motor cycle and teasing they even dashed it with Poonam side ways. After seeing off their father and sister PW1 and 3 came to the house of A2 to complain about misdemeanour conduct of A3 and A4 at 9 a.m. where they were threatened , abused and at the instigation of A1 rest of appellants A2, A3 and A4 started assaulting them who both sustained injuries. A3 caught hold of PW3 and A4 pierced knife in his chest causing extensive internal damage to his organs. After getting PW3 admitted in Ganesh Hospital that PW1 scribed a written report Ext. Ka-1 about the incident and then lodged it at PS Vijay Nagar,District Ghaziabad at 12.30 in the afternoon the same day.
(3.) HM Madan Singh prepared Chik F.I.R. Ext. Ka-4 and G.D. Entry Ext. Ka-5. S.I. Charan Singh Yadav P.W.6 commenced the investigation into the crime, prepared site plan Ext. Ka -6, interrogated witnesses and concluding it charge-sheeted all the accused on 12.7.2000 and 17.9.2000 vide Ext. Ka-7 and Ext. Ka- 8. P.W.2 Dr. Umesh Madan of Ganesh Hospital medically examined injured PW3 Mahesh Kumar on 23.5.2000, who was brought to him by PW1 and had prepared his medical examination report Ext. Ka-2. Doctor had noted following internal and external injuries on his body:- Stab injury 3 inches X 1.5 inches X chest cavity deep on lower portion of right side chest having a cut of 2inches through and through. Diaphragm between lung and abdomen was cut about 2 inches. Right side Liver was also cut 2inches x 1 cm. Right side muscles in between the ribs were also cut. Because of sustained injury blood had collected on right side chest and stomach. Patient was admitted in hospital between 23.5.2000 to 1.6.2000.;