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Showing contexts for: voluntarily causing hurt in State vs Ravinder Naulakha on 23 September, 2014Matching Fragments
Ravinder Naulakha, age 51 years and his son Mohit Naulakha, age 23 years have been committed for trial by Sh. Sandeep Garg, Metropolitan Magistrate07, South District, New Delhi: and therefore, they stand charged with the commission of offences punishable under sections 323, 308 and 452 read with section 34 of the Indian Penal Code, namely, that they, on 12.1.2010 at about 11:20 am in furtherance of their common intention, having made preparation for causing hurt to Rajesh Sharma (PW1), committed housetrespass in house no. B20, Rajpur Extension, Chattarpur, New Delhi; and in furtherance of their common intention voluntarily caused hurt to Ishan (PW2) and Ms. Meenu Mahajan (PW8) and committed offence of attempt to commit culpable homicide not amounting to murder by intentionally inflicting injuries on the body of the said Rajesh Sharma.
52. The third point for determination is: whether on 12.01.2011, both the accused persons, in furtherance of their common intention, voluntarily caused hurt to PW2 Ishan?
Sessions Case No. 25/14 Page no. 35 of 54
53. During his examination PW2 Ishan no where deposed that on 12.01.2011, the accused persons or any of them dragged him outside the house or caused pain or injury to his body. In these circumstances, it is held that the prosecution has failed to prove that on 12.01.2011, the accused persons or any of them voluntarily caused hurt to PW2 Ishan.
54. The forth point for determination is: whether on 12.01.2011, both the accused persons, in furtherance of their common intention, voluntarily caused hurt to PW8 Ms. Meenu Mahajan?
55. During her examination PW8 Ms. Meenu Mahajan no where deposed that on 12.01.2011, the accused persons or any of them slapped her or caused pain or injury to her body. During her examination PW8 Ms. Meenu Mahajan deposed that when she saw blood oozing out of the head of her soninlaw PW1 Rajesh Sharma, she tried to save him and was pushed by accused Mohit. There is nothing on the record to show that accused Mohit pushed her voluntarily or his acts caused pain or injury to her. In these circumstances, it is held that the prosecution has failed to prove that on 12.01.2011, the accused persons or any of them voluntarily caused hurt to PW8 Ms. Meenu Mahajan.
71. In view of above discussion and the findings of the court on the points in issue Ravinder Naulakha and Mohit Naulakha are not found guilty of offence punishable under section 308 of the Indian Penal Code. They are acquitted of offence punishable under section 308 of the Indian Penal Code. Accused Mohit Naulakha, nonetheless, is found guilty of voluntarily causing hurt to PW1 Rajesh Sharma and therefore, convicted for commission of offence punishable under section 323 of the Indian Penal Code. Accused Ravinder Naulakha is also found guilty of voluntarily causing hurt that was caused by accused Mohit Naulakha to PW1 Rajesh Sharma but in furtherance of common intention of the accused persons and therefore, convicted for commission of offence punishable under section 323 read with section 34 of the Indian Penal Code.