PRAMOD GIRI Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 08.04.2009 convicting the appellant of offence under Section 308 read with Section 34 IPC and order dated 13.04.2009 sentencing the appellant to undergo rigorous imprisonment for three years and six months and to pay a fine of Rs.3,000/- and in default in the payment of fine the appellant was to undergo a further period of three months simple imprisonment for the offence punishable under Section 308 and 34 IPC.

(2.) The facts in brief leading to the present case are as follows:-

(3.) After recording prosecution evidence, statements of appellant Pramod Giri and Jitender was recorded, who stated that they have been wrongly implicated. They produced two defence witnesses DW-1, Ram Pal and DW-2, Sadhu R Singh primarily to establish that the appellant was not present in Delhi on the day when the incident took place.