JUDGMENT

1. The present appeal has been filed against the judgement of conviction dated 06.11.2023 and order on sentence dated 06.01.2024 passed by learned ASJ, Karkardooma Courts New Delhi in Sessions Case No. 44816/2015 arising out of FIR No.422/2015 registered under Sections 308/323/34 IPC at P.S. New Usmanpur, New Delhi.

Vide the impugned judgement, the appellants were convicted for the offence punishable under Sections 308/326/34 IPC with accused Shakeel also being convicted u/s 201 IPC and vide the order on sentence, they were directed to undergo rigorous imprisonment for a period of 1 and a half years for the offence punishable under Section 326 IPC with a fine of Rs 15000/- for the offence punishable under Section 308 IPC, the appellants were Signature Not Verified Digitally Signed CRL.A. 112/2024 Page 1 of 9 directed to undergo rigorous imprisonment for 1 and a half years alongwith fine of Rs.15000/- Convict Shakeel was directed to undergo simple imprisonment for a period of 6 months along with fine of Rs 5000/- for the offence u/s 201 IPC. In default of payment of fine, the convicts were directed to undergo further simple imprisonment for 6 months. The sentences were directed to run concurrently and the benefit of Section 428 Cr.P.C was also given to the accused.

2. The facts, as noted by the Trial Court, are as under:-

“….that on 11.12.2011 at about 3.02 pm, an information was received at PS New Usman Pur regarding quarrel at Khaddey Wali Masjid, Arvind Nagar, 3rd Pusta, which was reduced into writing vide DD No. l6A (Mark PW8/A) and marked to HC Jagpal Singh who happens to be first Investigating Officer of the present case(hereinafter referred to as IO). Thereafter, HC Jagpal alongwith Ct. Prabhav reached at the spot where upon enquiry they were informed that injured had already been taken to GTB Hospital. Thereafter, they went to GTB Hospital where they obtained MLC NO. C6992/ 11 of victim Gyanender and MLC No C6993/11 of injured Hemant. Thereafter, the IO proceeded to record the statement of injured Gyanender, who stated that he alongwith his younger brother Hemant Sharma was running an electric shop at U-65 Fateh Singh Marg. At about 2:30 pm, he alongwith his brother Hemant was going to 3’d Pusta, Usmanpur for some work related to their shop in motorcycle bearing No. DL-SSDH-5858. When they reached near Khaddey Wali Masjid Chowk, one TSR was found stationed wherein one Babloo was sitting. He asked Babloo to remove the TSR from the way to which Babloo replied that this is his TSR he will park it there only. Upon this issue, argument took place between Babloo and them whereupon Babloo caught him (Gyanender) and called his three brothers, namely, Mohd. Nasir, Wasim, Aazad and said, “in saalo ko maaro dande”. Thereafter, three brothers of Babloo brought dande and iron sticks and started beating the complainant and his brother. Thereafter, Babloo called two more of his associates namely, Shakeel and Wakil from the meat shop. Thereafter, Wakil caught hold of his Signature Not Verified Digitally Signed CRL.A. 112/2024 Page 2 of 9 brother Hemant. Thereafter, Babloo and Shakeel left for meat shop and brought one butcher knife. Babloo had attacked with butcher knife on his head and Shakeel had attacked on the head of his brother, due to which both brothers sustained injuries. He prayed that action be taken against Babloo, Nasir, Azad, Nadeem and Shakeel. ()n the basis of statement of injured Gyanender, present FIR came to be registered. Statement u/s 161 Cr.P.C. of victim Hemant Kumar was recorded. On 12.12.2011, accused Nasir was arrested at the instance of complainant from Gali No. 2, Gautam Vihar, who confessed about his involvement in the present case. At the instance of accused Nasir, one cricket stump was recovered from his house. The complainant Gyanender handed over his as well as his brother’s bloodstained clothes. On 13.12.2011, at the instance of accused Nasir, accused Wasim was arrested near Khaddey Wali Masjid. A