RAJESH Vs. STATE

JUDGEMENT

(1.) The case is taken up today as the date already fixed i.e. 04.12.2013 was declared as holiday on account of 'General Elections to the Legislative Assembly of Delhi'.

(2.) Rajesh, Mahender Kumar and Harish Chand @ Hari were arrested in case FIR No. 131/93 PS Keshav Puram and were sent for trial under Section 307/452 IPC with the allegations that on 05.07.1993 at around 07.30 P.M. at G-40/A Industrial Area, Lawrence Road, they in furtherance of common intention inflicted injuries to C.R.P. Rao by a knife. Harish Chand @ Hari was declared Proclaimed Offender. During trial it emerged that the assailants had also robbed Rs. 5,000/- from the complainant C.R.P. Rao. The appellants were charged under Section 397 IPC. The prosecution examined number of witnesses to establish the guilt of the appellants. In their 313 statements, the appellants pleaded false implication. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment dated 30.04.2001 in Sessions Case No. 252/96 held both the appellants guilty under Section 307 IPC. Mahender Kumar was in addition convicted under Section 452 IPC. By an order dated 02.05.2001, Rajesh was awarded RI for four years with fine Rs. 5,000/-. Mahender was awarded RI for five years with fine Rs. 5,000/- under Section 307 IPC and RI for three years with fine Rs. 2,000/- under Section 452 IPC. Both the sentences were to operate concurrently.

(3.) Rajesh and Mahender Kumar preferred appeal to challenge the conviction. Subsequently, Rajesh did not appear to pursue the appeal. Nominal roll dated 06.12.2010 reveals that he has already served the sentence awarded to him and was released from jail on 13.05.2004 after expiry of the sentence and payment of fine. It appears that on that account the appellant Rajesh has lost interest to pursue the appeal and is dismissed for non-prosecution.