PRAVEEN KUMAR Vs. STATE

JUDGEMENT

(1.) This is a revision petition under Section 397/401 read with Section 482 of Cr.P.C. wherein challenge has been made to impugned judgment dated 4.12.2009 passed by learned ASJ, Delhi whereby the learned Appellate Court has altered the order of conviction passed by learned MM under Section 326 IPC to one under Section 324 IPC and vide same judgment the sentence of imprisonment awarded to the petitioner has been reduced from one year RI to six months in Crl. Appeal No.110/2009/2010.

(2.) The case of the prosecution is that on 16.1.1993 at about 3.25 p.m. injured Vinod Sherawat PW3 along with his classmate one Prem Parkash PW4 came to the police station in an injured position. From there, he was taken by the police to Safdarjung Hospital where he was medically examined vide MLC Ex.PW9/A. On being declared fit for making statement, injured Vinod Sherawat PW3 made a statement Ex.PW3/A to the police wherein he stated that he was a student of 12th class and while sitting in the classroom on the aforesaid date, at about 2 p.m. at the end of history period when he was cleaning the blackboard his classmate Praveen Kumar i.e. petitioner/accused abused him and asked him to get away from the blackboard. Thereafter, altercation ensued between them. On intervention of other boys in the class, petitioner/accused Praveen Kumar left him and went away. After some time he came in the classroom and sat behind him. At about 3.15 p.m., injured Vinod Sherawat PW3 felt a push on his back.

(3.) Prosecution in all had examined 10 witnesses i.e. injured Vinod Sherawat PW3, alleged eye witness Prem Parkash PW4, three teachers of the school. The remaining witnesses relate to police and medical evidence.