Rakesh Chaudhary vs State (Nct Of Delhi)
2002 Latest Caselaw 330 Del

JUDGMENT

V.S. Aggarwal, J.

1. Rakesh petitioner seeks suspension of sentence during the pendency of the appeal. Needless to state that the learned Additional Sessions Judge Shahdra had held the petitioner and others guilty of the offences punishable under Sections 147, 148 and 302 read with section 149 of the Indian Penal Code. The petitioner was sentenced to under go rigorous imprisonment for life besides a fine for the offence punishable under Section 302 Indian Penal Code and for rigorous imprisonment for six months for an offence punishable under Section 147 Indian Penal Code besides rigorous imprisonment for one year for the offence publishable under Section 148 Indian Penal Code.

2. The facts of the prosecution case relevant for disposal of the present application are that on 4th April, 1998 at 8.12 pm police control room of East District informed police post Anaj Mandi that an accident has taken place of stabbing at kanti Nagar. This led to the further process of law into motion. The police party was informed that Sanjay Bhardwaj has been admitted in an injured condition to the hospital. The injured in the hospital declared unfit for making the statement.

3. One Mahesh Chand (PW) met them and deposed that he had witnessed the incident while he was going to old seelampur via Christian graveyard on foot from Bihari Colony at 7.30 pm, when he reached near Christian graveyard he has seen Ramesh Kumar son of Bankey Lal, Ramesh son of Mahender Singh and Dinesh Gujjar standing there. He passed by their side and reached near St.Mary School where he found Sanjay Bhardwaj along with Dalip and Mukesh Kumar son of Kalicharan besides Rajesh and Rakesh all of them were known to him. There persons moved a paces ahead. He saw that these boys were standing thereafter near the wall of the graveyard. Mukesh had caught hold of Sanjay Bhardwaj from his back while Rajesh had caught hold of from his neck and Dalip was giving him fist blows. Ghanshyam was standing near by and has exhorted others. At this stage Rajesh wielded many blows with knife on the leg of Sanjay Bhardwaj.

4. Learned counsel for petitioner urged in the first instance that reliance should not be placed on the testimony of Mahesh who is stated to be an eye witness because he could not present at the spot. He did not accompany the injured to the hospital nor did he enquired in which hospital the injured was being taken. He further highlighted the fact that injuries have been caused on the thigh and, therefore, even if the prosecution case was to be taken at its best offence punishable under Section 302 Indian penal Code will not be drawn.

5. Learned counsel for the State with equal vehement urged that there were six injuries on the present of the deceased one of the injury has been described sufficient to be described death in the ordinary cause of its nature and in any case there were no grounds to discard the testimonies.

6. Dr. George Paul (PW-1) had conducted post-mortem on the person of the deceased. He found 9 injuries on the person of the deceased. Out of them injuries 5, 6, 7, 8 and 9 were deep incised wounds. In other words the injuries had been repeated.

7. Not only that at this stage further probing into' the testimony of the alleged eye witness would also not be proper because earlier this Court had gone into this controversy and found that there is no ground to suspend the sentence of the petitioner.

8. In face of the aforesaid, there is no ground thus to suspend the sentence. Accordingly, the application must fail and is dismissed. By way of abundant caution we deem it appropriate to mention that nothing said herein should be taken as an expression of opinion on the merits of the matter.