FAHIM Vs. STATE (GOVT OF GNCT DELHI)

JUDGEMENT

(1.) By way of the present appeal, filed under Section 374(2) Cr.P.C., the appellant has assailed the judgment on conviction dated 25.10.2019 and order on sentence dated 23.11.2019 passed in Sessions Case No. 44/2017 arising out of FIR No. 835/2016 registered under Section 307 IPC at P.S. Seelampur, passed by the learned ASJ-03, Karkardooma Courts, Delhi whereby he was convicted for the offence punishable under Section 307 IPC and sentenced to undergo RI for a period of 7 years along with payment of fine of Rs.15,000/- to be paid to the injured/victim and in default thereof, to further undergo SI for 6 months.

(2.) For the sake of felicity, the brief facts as noted by the Trial Court are reproduced below:-

(3.) Mr. Badrinath B., learned counsel for the appellant, contended that the testimonies of the material witnesses are contradictory and not reliable. It was also contended that the presence of the public witness Shanky Kumar on the spot at the time of the incident, was highly doubtful. He contended that the victim admitted in his testimony that at the time of the incident, he was under the influence of drugs and as such, his identification of the appellant ought to have been disbelieved by the Trial Court. Further, the injured in spite of being conscious and oriented, as observed in the MLC, did not name the appellant as the assailant. Lastly, it was contended that the prosecution failed to connect the weapon of the offence i.e., churi with the injuries as the same was not shown to the concerned Doctor for taking an opinion if the injuries were possibly caused by it.