NARENDER SINGH @ FADDU Vs. STATE
LAWS(DLH)-2013-7-123
HIGH COURT OF DELHI
Decided on July 08,2013

Narender Singh @ Faddu Appellant
VERSUS
STATE Respondents




JUDGEMENT

- (1.)The appellants-Narender Singh @ Faddu (A-1), Brahm Prakash (A-2) and Mahesh (A-3) impugn a judgment dated 18.12.2010 of learned Additional Sessions Judge in Sessions Case No.110/2008 arising out of FIR No.945/2007 registered at police station Dabri by which they were convicted under Section 304 (1)/308/323/34 IPC. By an order dated 24.12.2010, they were sentenced to undergo RI for ten years with total fine of Rs. 7,000/- each.
(2.)The police machinery came into motion when Daily Diary (DD) No.80B was recorded on 27.11.2007 at 10.40 p.m. at police station Dabri on getting information about a quarrel at Khasra No. 443, near Ice Cream factory at Nasirpur, Delhi. The investigation was assigned to ASI Sohanveer Singh. He with Constable Ashok went to the spot and came to know that PCR officials had already taken injured persons to DDU Hospital. No eye witness was available at the place of incident. ASI Sohanveer Singh went to DDU hospital and came to know that Madan Lal was declared 'brought dead'. Vikas and Mithlesh who had sustained injuries were present there. The Investigating Officer recorded Vikas's statement and lodged First Information Report without delay. FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence led during Trial. It gives information about the circumstances in which the crime was committed, the names of the actual culprits and the part played by them in the incident. Vikas informed in his statement (Ex.PW-4/A) that on that day i.e.27.11.2007 at about 09.15 p.m. he had gone to Rewati Prasad's factory in Nasirpur to get a dye checked. The factory had closed and Mithlesh chowkidar was present there. When he was having conversation with Mithlesh, three individuals from the nearby factory came out and inquired from him as to why he was standing there. A quarrel took place and one of them pushed him and exhorted A-3 to bring a danda to teach him lesson. A-3 brought a danda and hit him on his head. He (the victim/informant) fled the spot and made telephone call to his father to apprise him about the quarrel. After some time, his father Madan Lal and brother Pawan arrived there. A-1 to A-3, Pankaj and Shyam started giving beatings to them with lathi, danda and rods. He, his brother Pawan and chowkidar Mithlesh fled the spot to save themselves. However, his father Madan Lal fell on the ground. The assailants again started giving beatings to him. He made telephone call to PCR at 100.
(3.)During investigation, the police arrested A-1 to A-3, Shaym and Pankaj. Statements of witnesses conversant with facts were recorded. Post-mortem on the deceased's body was conducted. The exhibits recovered at the instance of the assailants were sent for examination to Forensic Science Laboratory. On completion of the investigation, a charge-sheet was submitted against all of them for committing offences punishable under Sections 302/307/323/34 IPC. They were duly charged and brought to trial. The prosecution examined 25 witnesses to substantiate the charges. In their 313 statements, the assailants pleaded false implication. DW-1 (Sh.Bhagwan), DW-2 (Smt.Rajbala), DW-3 (Dr.B.N.Misra) stepped up in their defence. After appreciating the evidence on record and considering the rival contentions of the parties, the Trial Court, by the impugned judgment convicted A-1 to A-3 under Section 304 (1)/308/323/34 IPC. Shyam and Pankaj were acquitted of all the charges. It is relevant to note that the State did not challenge their acquittal and the appellants' conviction under Section 304 Part-I though they were charged under Section 302/34 IPC.


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