4 persons jailed for 4 years for thrashing man with iron rod

A Delhi court has sentenced four persons to four years in jail for kicking and thrashing a man with iron rods, while noting that the injuries inflicted on him were "grievous" and he "may have died".
Additional Sessions Judge Ashutosh Kumar handed down the jail term to south-west Delhi residents Mohd Nishar(32), Mohd Istakar (29), Mohd Azad (28)and Mohd Ramiz (23) for offences under section 308 (attempt to commit culpable homicide) with section 34 (common intention) and section 323 (voluntarily causing hurt) of IPC.
"This court cannot lose consciousness of the fact that the four persons acted in a premeditated manner and inflicted grievous injuries with deadly weapons like 'danda' and 'saria' as a result of which the injured underwent neurosurgery and remained admitted in hospital for five days.

"There was likelihood that he may have died due to the injuries. In that eventuality a young life would have been lost without any fault of his and his dependent family members would have been on road," the judge said.
The court held the accused guilty of seriously injuring one Mohd Tanvir and his companion Mohd Gufran who received mild injuries while trying to save the victim.
The court also imposed a fine of Rs 15,000 on each of the convicts with a direction that out of the amount, Rs 10,000 each be paid to Tanvir as compensation.

The court relied on the testimonies of the injured persons and the police, saying, "The chain of prosecution evidence is consistent with the deposition of these two witnesses (Tanvir and Gufran) and the same is also as per prosecution version."

"Thus, it stands established that the grievous hurt (as per medical report) to Tanvir and simple hurt to Gufran were caused by the accused persons," it said.
The court accepted the victim's submission that the convicts, after beating him up, told him they hit him to teach him a lesson because he had quarrelled with their relatives.
"...It is clear that the four persons had intention to cause bodily injuries to injured Tanvir" which could have caused his death, the court said.
According to the prosecution, Mohd Gufran lodged a complaint that on August 25, 2010, he and Mohd Tanvir were returning to their home after finishing their work at Kapashera. When they reached near Samalka here, all the four persons attacked Tanvir with sticks and iron rods.