Delhi District Court
State vs Jai Pal Singh . . . Accused Persons on 30 July, 2014
IN THE COURT OF SH. T.S. KASHYAP
ADDITIONAL SESSIONS JUDGE-01/SPECIAL JUDGE (NDPS)
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI
Unique I.D. No. : 02402R0356982005
Sessions Case No. : 88/2012
FIR No. : 375/2004
Under Sections : 308/34 IPC
Police Station : Kalyanpuri, Delhi
In the matter of :-
STATE
Versus
1. Jai Pal Singh . . . Accused Persons
S/o Sh. Lal Singh
R/o 13/262 Kalyanpuri, Delhi
2. Jag Roshani @ Roshani
W/o Sh. Jaipal Singh
R/o 13/262, Kalyanpuri, Delhi
3. Ajit
S/o Sh. Jaipal Singh
13/262, Kalyanpuri, Delhi
4. Sanjay
S/o Sh. Jaipal Singh
R/o 13/262, Kalyanpuri, Delhi
Date of Institution : 25/10/2012
Date of committal : 10/03/2006
Date of reserving judgment : 07/07/2014
Date of pronouncement : 16/07/2014
FIR No. 375/2004 Page 1 of 20
JUDGMENT
Brief facts of the prosecution case are that on 01/08/04 DD No. 31B was marked to ASI Mohd. Usman for investigation. On his inquiry, Jagdish met him and got recorded his statement which is as under :-
"I, Jagdish, aged 42 years, S/o Mewa Ram, R/o 13/263, Kalyanpuri, Delhi, am residing at the said address and run weekly market. Today i.e 01/08/04 my daughter Reena, aged 17 years had gone for toilet at the toilet constructed at the first floor of our house. When she came down she told to her mother Sushma as well as to me that Sanjay S/o Sh. Jaipal R/o 13/262, Kalyanpuri, Delhi was peeping towards our roof from his roof and seeing me. I as well as my wife complained to Jaipal standing in the gali that his son Sanjay was peeping towards our roof from his roof where my daughter had gone for toilet. On this Jaipal indulged in quarrel with me. On hearing his noise, his wife Smt. Jag Roshni @ Roshni, his sons Sanjay and Ajeet came out from their house and started beating me, my wife Sushma and sons Kamal and Sunny with bricks and stones. Sanjay also hit a brick on the head of my son Sunny".
2. On the basis of statement of complainant a case U/s 308/34 IPC was registered against the accused persons.
3. After completion of the investigation, charge-sheet was filed against the four accused persons U/s 308/34 IPC.
4. Ld. Metropolitan Magistrate after supplying the necessary copies to all the accused persons committed the case to Sessions vide order dated FIR No. 375/2004 Page 2 of 20 10/03/2006.
5. My Ld. Predecessor, vide order dated 21/03/06 charged all the four accused persons namely (1) Jaipal Singh, (ii) Jagroshni @ Roshni, (iii) Ajeet and (iv) Sanjay for the offences punishable U/s 323/308/34 IPC to which they pleaded not guilty and claimed trial.
6. The prosecution in support of its case examined as many as 12 witnesses.
(a) The prosecution examined following material witnesses:-
i) PW1 Meenakshi @ Reena deposed that on 01/08/04 at about 9:00 a.m, she had gone for toilet situated at the top floor of their house. Accused Sanjay present in the court was standing on the roof of his house and was looking at her and giving unwarranted hints to her. He was trying to climb down on roof of their house. She came down and narrated the incident to her mother. She alongwith her parents went to the house of accused Sanjay to complain about the behaviour of accused Sanjay. Her mother told about the incident to the accused Jaipal Singh. After hearing all that Roshni, Jitender and Ajit also came there.
All of them started abusing them. Sanjay also came there. Sanjay picked up a brick and struck the same on her father which caused injury on his lip. She further deposed that accused persons gave beatings to her father with legs and dandas. Accused Jagroshni gave beatings to her FIR No. 375/2004 Page 3 of 20 mother by fists and slaps. Accused persons entered into their house forcibly where her two brothers namely Shanky and Sunny were sleeping. All four accused persons and maternal uncles of accused Sanjay gave them beatings by throwing bricks upon them. Both of them suffered injuries on their heads. Bone of Sunny were also fractured. She called the PCR. His parents as well as both of her brothers were taken to LBS Hospital from where Sunny was referred to GTB Hospital.
ii) PW2 Smt. Sushma deposed that on 01/08/04 at about 9:00 a.m, her daughter Reena had gone to the first floor of their house for toilet. She came and told her that accused Sanjay was doing objectionable gestures towards her. He also tried to climb on their roof but her daughter fled away from there. She alongwith her husband and daughter Reena went to the house of accused to complain about Sanjay where accused Jaipal, father of accused Sanjay started abusing and threatening them. Accused Sanjay, his mother Jagroshni and two of his brothers namely Ajeet and Jitender also came there abusing them. Sanjay @ Sanjay threw a brick bat towards her husband which hit him causing injury on his lips. All accused after trespassing her house gave beatings to Shanky and Sunny. The accused also gave beatings to her elder son by bricks and sticks. Her daughter Reena called the police. PCR van came there. They were taken to LBS Hospital.
iii) PW4 Jagdish Arora is the complainant of the case. He FIR No. 375/2004 Page 4 of 20 deposed that on 01/08/04 at about 9:00-9:30 a.m, his daughter Reena had gone to toilet on the first floor of his house. After sometime she returned and told to him that Sanjay was doing wrongful gestures towards her while standing on the roof of his house. He alongwith his wife went to his father Jaipal Singh to complain. They narrated entire incident to him but he got infuriated and started abusing them. Hearing all that, co-accused Jagroshni, Jitender, Ajit and two maternal uncles of accused Sanjay reached there. All of them started abusing and throwing brick bats on them. Accused Sanjay hit a brick upon him. He suffered injury on his lips. When they tried to enter in their house to save themselves, accused Sanjay dragged him out by hand. His wife returned there to save him but she was also beaten by accused Jagroshani and other accused persons. Accused Sanjay also caused injury to him by brick bat. He also gave a brick bat blow on the head of Sunny. Accused Ajit also gave brick bat blow to Shanky on his head. Sunny lost his senses there. They had sent their daughter to upper floor. She called the police at 100 number. Police came there and took them to LBS Hospital. The accused persons fled away from the spot.
iv) PW6 Sunny is the son of the complainant. He deposed that on 01/08/04 at about 9:00-9:30 a.m, he was sleeping in his house. He got up after hearing the cry of his mother. As he got up, Sanjay and Ajit came to him, they dragged him by hair from the bed and threw him on the floor.
FIR No. 375/2004 Page 5 of 20Accused Jaipal and Jagroshni were standing on his doorstep. They caught hold of him. Accused Sanjay hit him with a brick bat. He suffered injury on his forehead. He begged to the accused to spare him but they said that "we have to finish you all". He found his father lying unconscious in the gali. He had bleeding on his lips. He had also seen his mother being beaten by maternal uncle of accused Sanjay and Ajit. He also also seen accused Sanjay and Ajit having caught hold of his brother Kamal. Thereafter, he became unconscious and regained his consciousness in GTB Hospital.
v) PW9 Kamal deposed that on 01/08/04 at about 9:00-9:30 a.m, he was sleeping in his house. Accused Ajit Singh and his parents and two of his maternal uncles and Sanjay came to their house and started beating his brother Sunny by fists and slaps and also by throwing brick bats on him. He suffered injuries on his head. When he tried to save him, accused Ajit and Sanjay dragged him inside the house. Parents of said accused were beating and dragging his brother outside. Accused Ajit threw a brick bat which hit his brother on his head. He fell down unconscious. Accused Jagroshni exhorted other accused persons to kill him. Accused Jagroshni and Jai Pal Singh caught hold of him and accused Ajit and Sanjay gave him beatings by fists and slaps as well as by brick bats.
(b) The prosecution examined the following formal FIR No. 375/2004 Page 6 of 20 witnesses :-
i) PW3 HC Ashok Kumar deposed that on 01/08/04 he was posted at PS Kalyanpuri as Duty Officer. On that day at about 10:01 a.m he received a message from wireless operator which was recorded by him as DD No. 31B, copy of which is Ex. PW3/A. Copy of same was given to Mohd.
Usman for investigation who went to the spot alongwith Ct. Nizamuddin.
ii) PW5 HC Satender Kumar deposed that on 01/08/04 he was posted as Duty Officer. On that day at 9:00 a.m, he received a PCR call and recorded DD in that regard. He further deposed that on the same day at 1:10 p.m he received a rukka from Ct. Nizamuddin sent by ASU Usman Khan on the basis of which he recorded the FIR of this case, copy of which is Ex. PW5/A. He also proved his endorsement on the rukka vide Ex. PW5/B.
iii) PW7 Dr. A.K. Verma, CMO, LBS Hospital deposed that on 01/08/04 he examined patient Sunny vide report/MLC Ex. PW7/A. He further deposed that on the same day he examined patient Sushma, Jagdish and Kamal vide MLCs Exs. PW7/B, PW7/C and PW7/D respectively.
iv) PW8 Dr. M.N. Singh deposed that on 01/08/04, he examined X-ray plates of patient Jagdish, Kamal @ Shanky and gave report Ex. PW8/A and PW8/B respectively.
v) PW12 Dr. L. Upreti deposed that on 02/08/04, he examined film of CT Scan about patient Sunny. After examination of same, he prepared report Ex. PW12/A. FIR No. 375/2004 Page 7 of 20
(c) The prosecution examined the following witnesses of investigation :-
i) PW10 Ct. Nizamuddin deposed that on 01/08/04 he was posted at PS Kalyanpuri. On that day at about 9:00-9:30 a.m, on receipt of DD No. 31B, he alongwith ASI Usman went to H. No. 13/262, Kalyanpuri and from where they went to LBS Hospital. IO procured MLC of injured Jagdish, Sunny, Shanky and their mother. IO recorded statement of Jagdish and after making his endorsement gave to him for lodging FIR. He went to the PS and got the case registered. He returned to the spot and handed over copy of FIR and original rukka to the IO. He also proved personal search and arrest memo of accused Jaipal and Jagroshni as Ex. PW4/B, PW4/C, PW4/D and PW4/E respectively.
ii) PW11 ASI Mohd. Usman is the IO of the case. He deposed that on 01/08/04 he was posted at PS Kalyanpuri. On that day, on receipt of DD No. 31B he alongwith Ct. Nizamuddin went to spot where injured were reported to have already been referred to LBS Hospital. They reached there. He procured the MLC of injured Sunny, Kamal, Sushma and Jagdish. He recorded the statement of Jagdish vide Ex. PW4/A and made his endorsement vide Ex. PW11/A and gave it to Ct.
Nizamuddin for registration of case. He returned to the spot and prepared site plan Ex. PW11/B. He arrested accused Jagroshni and Jaipal vide arrest memo Ex. PW4/E and PW4/C respectively, who were found present FIR No. 375/2004 Page 8 of 20 in their house. He took their personal search vide Ex. PW4/D and PW4/B respectively. On 17/09/04 accused Sanjay and Ajit were formally arrested. Their personal search were taken vide memo Ex. PW11/C and PW11/D respectively.
7. After closure of the Prosecution Evidence, all the incriminating evidence against the accused persons was put to them in their statement recorded U/s 313 Cr.PC wherein accused Ajit and Sanjay took the plea of alibi and accused Jaipal Singh and Jagroshni pleaded that the present case is a false case as complainant side was having enmity with them due to the construction of their house. All the accused persons also opted to lead evidence in their defence.
8. Accused persons examined DW1 Deepak and DW2 Sanjay in their defence.
9. I have heard the submissions from Ld. Addl. Public Prosecutor for State and Sh. Gaurav Vasisht, Adv for complainant and Sh. H.K. Mahor, Adv for the accused persons and gone through the record.
10. On behalf of the complainant written arguments has been filed wherein it has been submitted that the present case has been registered on the statement of PW Jagdish on 01/08/04 as the accused persons in furtherance of their common intention had beaten the complainant and his family members and they also caused grievous injury to PW Sunny who had suffered fractured on his head. He had undergone treatment and CT scan was done and his condition is not normal even today that all the PWs deposed FIR No. 375/2004 Page 9 of 20 consistently against the accused persons and specifically pointed the role of the accused persons and therefore prosecution has been able to prove the guilt of the accused persons beyond reasonable doubt. Interestingly the accused persons during the cross-examination of PWs did not give suggestion that the complainant made any caste remarks against the accused persons who have deposed falsely in cross-complaint which has been filed to put pressure to compromise in the present case. No charge under SC/ST Act has been framed by the court against the accused persons. PW12 has deposed that the injured suffered fracture injury on his frontal bone. The falsehood of accused persons appeared from the fact that they tried to explain the injury of Sunny in false manner by giving wrong and inconsistent suggestion to different PWs as follows:
(a) In cross-examination of PW6 Sunny, it was suggested to him that he received injury at the hand of public.
(b) In cross-examination of PW7 Dr. Upreti, it was suggested to him that Sunny received injury as self-inflicted.
(c) in the false cross case it is alleged by them that Sunny received injury at the hand of her mother Sushma.
11. Ld. Addl. Public Prosecutor for State supported the submissions made on behalf of the complainant and submitted that the guilt of the accused persons has been established beyond reasonable doubt and accordingly all the accused persons be convicted as per law.
12. On behalf of the accused persons it has been submitted by Ld. Defence Counsel that the real and true facts of the case have not been mentioned in the FIR and all the contents of the FIR are false, frivolous and self-created only to defame the the prestige of the accused persons; that FIR No. 375/2004 Page 10 of 20 there are major contradictions in the deposition of PWs which create doubt in the prosecution story. PW1 Meenakshi has not supported the prosecution story and has made improvement in facts with which she has been confronted in cross-examination. PW2 Smt. Sushma in her cross-examination claims to have made certain statements to the IO which were not found to be recorded in her statement Ex. PW2/DA. PW4 Jagdish Arora also claims to have stated certain facts to the IO which were not found recorded in his statement Ex. PW4/A. Similarly, PW6 Sunny claims to have made certain statement before the IO which were found not recorded in his statement Ex. PW6/DA. PW7 Dr. A.K. Verma in his cross-examination has admitted that he did not ask the history from the patient as to how he suffered injury and admitted that injuries found in the person of Sushma to be self-inflicted also. This witness also stated that injuries on the person of Jagdish and Sushma could not cause unconsciousness. PW8 Dr. M.N. Singh found no bone injury on injured Kamal @ Shanky and Jagdish. PW9 has deposed that maternal uncle of accused Sanjay and Ajit had caught hold of his mother and his father was lying unconscious who has suffered injury on his lips. The prosecution has failed to prove its case beyond reasonable doubt and hence the accused are entitled for acquittal.
13. Accused persons have been charged for the offences punishable U/s 323/308/34 IPC.
14. Sec. 323 IPC reads as under :-
"Punishment for voluntarily causing hurt - Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both."FIR No. 375/2004 Page 11 of 20
15. Sec. 308 IPC reads as under :-
"Attempt to commit culpable homicide - Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three yeas, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
16. A perusal of the record reveals that vide DD No. 31B dated 21/08/04 an information was received at the PS regarding quarrel near 13/251 and 13/260, Kalyanpuri, Delhi recorded the statement of complainant Jagdish Ex PW11/A as under :-
"I, Jagdish, aged 42 years, S/o Mewa Ram, R/o 13/263, Kalyanpuri, Delhi, am residing at the said address and run weekly market. Today i.e 01/08/04 my daughter Reena, aged 17 years had gone for toilet at the toilet constructed at the first floor of our house. When she came down she told to her mother Sushma as well as to me that Sanjay S/o Sh. Jaipal R/o 13/262, Kalyanpuri, Delhi was peeping towards our roof from his roof and seeing me. I as well as my wife complained to Jaipal standing in the gali that his son Sanjay was peeping towards our roof from his roof where my daughter had gone for toilet. On this Jaipal indulged in quarrel with me. On hearing his noise, his wife Smt. Jag Roshni @ Roshni, his sons Sanjay and Ajeet came out from their house and FIR No. 375/2004 Page 12 of 20 started beating me, my wife Sushma and sons Kamal and Sunny with bricks and stones. Sanjay also hit a brick on the head of my son Sunny".
17. The complainant Jagdish has been examined as PW4 who has corroborated the facts and proved the complaint Ex. PW4/A. He has also deposed that his wife took injured to GTB Hospital in a TSR and police met him in LBS Hospital next morning. This witness has categorically denied the suggestion that accused persons were constructing the upper house of their house at the time of incident or that the construction material was falling on their roof due to which there was frequent quarrel between him and accused persons. He has voluntarily added that the construction had already completed. He had denied the suggestion that he or his wife has given beating to Jaipal and Jag Roshni or that both accused persons were also medically examined alongwith them. PW1 Meenakshi @ Reena has also corroborated the testimony of PW4 in all material particulars and identified the accused persons. In the cross-examination she has admitted that they have no enmity with the accused persons prior to the incident. She was confronted with some portion of her statement Ex PW1/DA wherein the suggested portion was not found to be recorded but these are not material facts. She has denied the suggestion that her mother had complained to the accused persons with respect to falling of construction material on the roof of their house when the construction in the house of accused persons was going on. She also denied the suggestion that the accused sustained injuries in the incident. She denied the suggest that her parents had given beatings to the accused persons. PW2 Smt. Sushma has also corroborated the testimony of PW4 and PW1 in all material particulars. She has clarified in the cross-examination that her sons did not come out from the house at the time of incident but they were sleeping FIR No. 375/2004 Page 13 of 20 on the bed in ground floor. She had also denied the suggestion that accused persons were repairing their house or some concrete, etc was falling on their roof, and they got annoyed and implicated the accused persons in this case. It is pertinent to note that in reply to suggestion the witness has deposed that it was wrong to suggest that no other accused except Jagroshni and Jaipal was involved in this case, from which presence of these two accused persons is admitted at the time of incident. This witness has also denied the suggestion that they had trespassed in the house of accused persons. She also stated that no neighbour came to their rescue at the time of incident although several persons had gathered there. PW6 Sunny is the son of PW4 Jagdish, who deposed that on 01/08/04 at about 9:00-9:30 a.m, he was sleeping in his house and got up after hearing cry of his mother. As he got up accused Sanjay and Ajit (both of whom were present in the court and were identified by the witness) dragged him from the bed and threw on the floor. They dragged him till door. Co-accused Jaipal and Jag Roshni parents of Sanjay and Ajit were standing at their door step and they caught hold of this witness. Accused Sanjay hit him a brick bat which was given to him by accused Ajit. He suffered injury on his forehead and sat down on floor and became unconscious. Before that he begged the accused persons to spare him but they said that they will finish them all. His father was lying unconscious in the gali and was bleeding on his lips. He also saw that his mother was being beaten by maternal uncle of accused Sanjay and Ajit whose name he does not know nor he was present in the court. He had also seen the accused Sanjay and Ajit having caught hold of his brother Kamal but he could not see whether he was also beaten or not because the witness became unconscious. He has identified all the accused persons in the court. As per PW7 Dr. A.K. Verma all the patients namely Jagdish, Sushma and Kamal except Sunny who were examined by him were oriented and conscious which shows that injured FIR No. 375/2004 Page 14 of 20 Sunny was not oriented and conscious as he had sustained grievous injury on his head. PW12 Dr. L. Upreti has proved the C.T scan report Ex. PW12/A in respect of injured Sunny on which he found depressed fracture on frontal bone right side with underlying extra dural heamatoma. PW6 has denied the suggestion that his parents gave beatings to accused Jaipal and Jag Roshni or that this witness helped them. This witness also denied the suggestion that public persons started pelting brick bat or a brick bat hit him from which he suffered injury. PW9 Kamal has also corroborated the testimony of PW6 in all material particulars. PW7 Dr. A.K. Verma has proved the MLC Ex. PW7/A in respect of Sunny and denied the suggest that the injuries suffered by Sunny could be self-inflicted. It is pertinent to note that in cross complaint case No. 151/2004, PW1 Jaipal has deposed that Sunny received injury when Sushma tried to hit wife of PW1. The Ex. PW7/B, the MLC of injured Sushma and opined that the nature of injury was caused by blunt object. He also proved the MLC Ex. PW7/C in respect of injured Jagdish and gave opinion about the injury as simple caused by blunt object. He further proved the MLC Ex. PW7/D in respect of injured Kamal and Shanky. PW12 Dr. L. Upreti proved the C.T. San Ex. PW12/A in respect of Sunny and gave opinion that he found depressed fracture of frontal bone right side with underlying extra dural hematoma.
18. There is no material contradiction in testimony of PW1 Meenakshi, PW2 Sunny, PW4 Jagdish, PW6 Sunny, PW9 Kamal. The arguments made on behalf of accused persons are not tenable. The testimony of DW1 Deepak and DW2 Sanjay deserves to be rejected as they have admitted previous dispute between DW2 and Jagdish and are interested witnesses. The accused Sanjay and Ajit have failed to prove that on the alleged date and time they were at Kalkaji. They have also failed to prove that FIR No. 375/2004 Page 15 of 20 injured persons/the complainant and his family members had any quarrel with them on account of construction of house of accused persons. The accused persons have also failed to plead and prove that they acted under sudden and grave provocation. The accused persons causes simple injuries on the person of Jagdish, Sushma and Kamal and grievous injury on head of Sunny in furtherance of common intention which can be formed in the course of occurrence [relied on authority reported as Hari Om v State of Uttar Pradesh (1993) 1 Crimes 294 (SC)]. The prosecution has proved the charges U/s 323/308/34 IPC against the accused persons namely Jai Pal Singh, Jag Roshani @ Roshani, Aji and Sanjay beyond reasonable doubt and accordingly they are held guilty and convicted for offences punishable U/s 323/308/34 IPC. Let the convicts be heard on point of sentence.
Announced in the open court today i.e 16th July 2014 (T.S. Kashyap) ASJ-01/Spl. Judge (NDPS) Shahdra District Karkardooma Court, Delhi FIR No. 375/2004 Page 16 of 20 IN THE COURT OF SH. T.S. KASHYAP ADDITIONAL SESSIONS JUDGE-01/SPECIAL JUDGE (NDPS) SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI Unique I.D. No. : 02402R0356982005 Sessions Case No. : 88/2012 FIR No. : 375/2004 Under Sections : 308/34 IPC Police Station : Kalyanpuri, Delhi In the matter of :-
STATE Versus
1. Jai Pal Singh . . . Convicts S/o Sh. Lal Singh R/o 13/262 Kalyanpuri, Delhi
2. Jag Roshani @ Roshani W/o Sh. Jaipal Singh R/o 13/262, Kalyanpuri, Delhi
3. Ajit S/o Sh. Jaipal Singh 13/262, Kalyanpuri, Delhi
4. Sanjay S/o Sh. Jaipal Singh R/o 13/262, Kalyanpuri, Delhi ORDER ON SENTENCE Vide judgment dated 16/07/2014, all the convicts have been FIR No. 375/2004 Page 17 of 20 convicted for the offence punishable U/s 323/308/34 IPC.
2. I have heard the submissions from Ld. Addl. Public Prosecutor for State as well as Sh. Gaurav Vashisth, Advocate for complainant and Sh. H. K. Mahor, Advocate for convicts.
3. Ld. Counsel for complainant submits that there was fracture injury on the head of injured Sunny while he was 11 years old and now he is 20 years of age and has already incurred Rs. 4-5 lakhs on his treatment; that he has left his studies due to aforesaid injury; that the CT scan of November 2013 of Sunny has been produced but there is no report of Doctor; that documents regarding expenses of treatment of Sunny have been misplaced due to long duration of about 10 years. Ld. Addl. Public Prosecutor for State and Ld. Counsel for complainant submitted that convicts be not granted probation and they be awarded severe sentence. However, in case they are granted probation, the complainant be duly compensated.
4. Ld. Counsel for convicts submits that incident happened 10 years back which was sudden and not a pre-planned; that convicts have been facing trial for the last 10 years; that there is no criminal antecedent of convicts either before or after registration of the present case except the present one; that all the convicts belong to the same family and are poor; that two convicts i.e Jaipal and Jagroshni are senior citizens. Therefore, they be granted probation.
5. Ld. Counsel for convicts however submitted that no bill in respect of expenses incurred on the treatment of injured Sunny have been produced by the complainant in the court as the injured has received FIR No. 375/2004 Page 18 of 20 treatment from government hospital free of cost. There is no opinion of any Doctor to show or suggest that the injured Sunny was having any kind of disability or could not study on account of injury sustained by him.
6. On behalf of the convicts an application for their release on probation was moved on 17/07/14 on which the report of the Probation Officer was called and has been received. The convicts have been held guilty for the offences U/s 323/308/34 IPC. The injured has also suffered grievous injury and therefore maximum punishment U/s 308 IPC may extend to seven years imprisonment with fine or with both. Keeping in view the nature of the offences for which convicts had been held guilty and the report of the Probation Officer in respect of all the convicts, they are entitled for the benefit of probation U/s 360 Cr.PC and U/s 4 of Probation and Offenders Act 1958. Accordingly, they are granted the benefit of probation subject to furnishing fresh personal bond and surety bond in a sum of Rs. 25,000/- each with direction to be of good conduct and to maintain peace for a period of six months from today failing which they shall be liable to suffer punishment as per law.
7. However, keeping in view the fact that the injured had suffered grievous injury and therefore has also suffered the pain and agony as well as inconvenience, he is entitled to be duly compensated. No medical bill or any other bill towards other expenses has been produced on behalf of the injured.
He has received medical treatment from government hospital. In these circumstances, in my considered view a sum of Rs. 50,000/- (Rupees fifty thousand) appears to be reasonable for loss and injury caused to the injured Sunny and therefore each convict is directed to pay a sum of Rs. 12,500/- (Rupees twelve thousand five hundred) each to the injured Sunny as early as possible, failing which the same shall be recovered in accordance with FIR No. 375/2004 Page 19 of 20 provisions of law. Earlier bail bonds of convicts are cancelled and their sureties are discharged. A copy of judgment and order on sentence be given to the convicts free of cost. File be consigned to Record Room.
Announced in the open court today i.e 30th July 2014 (T.S. Kashyap) ASJ-01/Spl. Judge (NDPS) Shahdra District Karkardooma Court, Delhi FIR No. 375/2004 Page 20 of 20