- (1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 30.8.2003 and 1.9.3003, respectively., whereby the appellants namely Shambhu Kumar and Rambhu, sons of Naresh Mangal and Sangeeta wife of Anirudh Mishra have been convicted and sentenced for commission of offence punishable under Sections 307, 324 read with Section 34 of the Indian Penal Code (for short "IPC"), detailed hereinbelow: - Shambhu Kumar, Rambhu and Sangeeta, convicts JUDGEMENT_545_LAWS(P&H)3_2014.htm
(2.) THE facts relevant for disposal of the present appeal are that Surender Kumar, complainant PW7 got recorded his statement by way of first information report that on 4.1.2002, at about 7.30 a.m., Sunil Kumar, his younger brother asked Sangeeta not to allow vagabonds to stay in front of their house. At about 1.30 p.m., the complainant came to his house for lunch and was taking lunch on the roof top. He heard noise of 'maro maro bachao bachao' and saw that Shambhu Kumar, Rambhu and Sangeeta were beating Sunil Kumar. When he reached the spot, Mrs. Rajwant Kaur and Mr. Santosh Anand were trying to separate Sunil Kumar from the assailants. Rambhu and Shambhu Kumar have already stabbed Sunil Kumar. Sangeeta was shouting that he should not be spared. Sunil Kumar fell down and when the complainant was in the process of lifting him, Shambhu Kumar hit a brick bat on his knee from behind. When people gathered at the spot, the accused fled away.
(3.) THE complainant took his brother Sunil Kumar to Government hospital, Ballabgarh from where he was referred to B.K.Hospital, Faridabad. On the basis of statement of the complainant, formal FIR was registered in the police station, blood stained earth was lifted from the spot which was taken into possession vide recovery memo Ex.PG. During investigation, after the injured -victim was declared fit to make statement, his statement was recorded. Rough site plan of the place of occurrence was prepared. On 8.1.2002, Rambhu was arrested and made a disclosure statement Ex. PH and in pursuance of the disclosure statement, he got recovered the knife which was taken into possession vide seizure memo Ex. PJ, after preparing its sketch Ex. PI. Rough site plan of the place of recovery Ex. PN was prepared. On completion of investigation, charge -sheet was submitted in the court for commencement of trial. The case was committed to the Court of Sessions as offence under Section 307 IPC being triable exclusively by the said court. After hearing counsel for the parties, the accused were charged for commission of offence punishable under Sections 324, 307 read with Section 34, 506 IPC to which they pleaded not guilty and claimed trial. To establish guilt of the accused for the offences charged against them, the prosecution examined as many as 13 witnesses namely, Dr. Ashok Sharma, Medical Officer, General Hospital, Ballabgarh PW1, Gagandeep, Record Keeper, Escorts Hospital, Faridabad PW2, M Rajinder Singh PW3, Manoj Kumar, Draftsman PW4, Dr. Rajiv Nayyar, CMO, Escorts Hospital, Faridabad PW5, Sunil Kumar PW6, Surender Kumar, complainant PW7, Rajinder Singh PW8, Santosh Kumar Anand PW9, Inspector Amar Singh PW10, SI Sukhwinder Singh PW11,ASI Vijay Pal PW12 and Dr. Prabal Roy, Medical Officer, Escorts Medical Centre, Faridabad.;