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1. Vide this appeal, appellants namely Katwaru Ram, Ram Nath and Sant Ram @ Sati Ram take exception to the judgment dated 24.01.2018 and order on sentence dated 13.02.2018, passed by learned Addl Chief Metropolitan Magistrate, South-East District, Saket Courts, New Delhi, in case FIR No.206 of 1995 PS Badarpur under section 325/323/506/34 IPC titled as State Vs Katwaru Ram & Ors, whereby appellants have been convicted under sections 325/323/506/34 IPC and sentenced to undergo simple imprisonment for a period of six months.

2. Brief facts may be taken note of: A criminal case bearing FIR No.206/1995 under sections 325/323/506/34 IPC was registered in Police Station Badarpur. As per chargesheet, on 09.04.1995, a quarrel took place at C-35, Saurabh Vihar between the parties herein. On receipt of DD No.34B, HC Lalan Prasad reached at the spot where he found that Janak Dev, his wife Maya Devi, son Dharam Dev and nephew Rajesh have been taken to AIIMS hospital and from the other group, Katwaru Ram, his wife Jhumta Devi have also been taken to AIIMS hospital. As per statement of Janak Dev, some quarrel took place between Katwaru Ram who is his neighbour and Rajesh Kumar who is his nephew on 09.04.1995 over some electricity wire being put to draw illegal electricity and both were abusing each other. When he (Janak Dev) intervened, all the appellants alongwith co-accused Jamurthi Devi i.e. wife of appellant Katwaru Ram assaulted him and his family members. The injuries suffered by Janak Dev was reported as grievous, whereas injuries suffered by remaining victims were reported as simple.

6. Ld. Trial Court vide impugned judgment convicted the appellants herein for offences u/s 323/325/506 read with section 34 IPC. Co-accused Jamurti Devi was convicted for offence u/s 506 IPC only. The relevant observation of Ld Trial Court is reproduced below :-

"11. The defence witnesses ie., DW1 Katwaru Ram deposed that on 09.04.95 he was present in his house at around 08.30pm when Janak Dev, Dharm Dev, Kamal Dev, Maya Devi, Kanta Mishra, Dev Lal Mehto and Rajesh Kumar were committing theft of electricity from the main line through his house. It was he who objected to the said illegal connection CA No.107/2018 Katwaru Ram & Ors vs. State Page No. 3 of 12 ANUJ Digitally signed by ANUJ AGRAWAL AGRAWAL Date: 2021.09.10 14:59:22 +0530 thereby he and his wife were beaten by the said persons inside his own house. He further deposed that they had not assaulted any of the assailant but the assailant had inflicted themselves with injuries. Lalan Prasad (IO) was relative of these assailants and therefore he registered a false case against accused persons herein. He exhibited his MLC of the same date as that of the complainant. He was duly cross examined by the Ld. APP. His wife exhibited her own MLC and also deposed on similar lines as her husband. The DW3 Record Clerk appeared and deposed that all records had been destroyed pertaining to MLCs of year 1995. None of the witnesses have deposed that accused Jamurti Devi also gave any beatings to the complainant / injured. It is therefore proved on record that accused persons except accused Jamurti Devi gave beatings to complainant as well as to his family members committing offence under section 325/323/34 of IPC.
12. PW5 has already deposed that fracture injury was received by complainant. However, I am of the view that IO did not carry out fair investigation in the present case. There was a fight where both factions gave beating to each other and the IO did not investigate the injuries received by the accused persons. It is nobody's case that accused persons received injuries when the complainant / his family acted in self defence. Merely because there are lapses in investigation on the said aspects, accused persons cannot be allowed to take advantage. For the said reasons and evidence recorded in the complaint case as well, even the complainant in the present case is being held guilty of offence reported in the cross case. The statement of the complainant and PW2 & PW4 that all the accused persons had threatened them with dire consequences has also not been probed nor challenged by cross examination. Therefore, offence under section 506 of IPC also stands proved against the accused persons. Accused Jamurti Devi is being convicted for offence under section 506 of IPC only and remaining accused persons for the offence under section 325/323/506/34 of IPC "