HARVINDER SINGH @ BITTOO Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 15 th January, 2010 whereby the appellant has been held guilty for the offence punishable u/s 307 IPC and the order of sentence dated 18 th January, 2010 whereby the appellant has been sentenced to undergo RI for five years with a fine of Rs. 5000/- and in default of payment fine to undergo SI for one month.

(2.) AT the outset, learned counsel for the appellant has stated that appellant is not challenging the conviction of the appellant u/s 307 IPC. It is submitted that appellant has already undergone major portion of sentence, as such his sentence be reduced to already undergone by him. It is further submitted that appellant is also not in a position to pay a fine of Rs. 5000/- being a very poor man, as such, fine imposed be also reduced.

(3.) STAR witness is injured himself i.e., Raju Misra, PW-1 who has categorically deposed that on 12th August, 2009 at about 9.30 am he was taking rest in a park near Keshopur. At that time, appellant had come in the park and inflicted injury upon him with a blade on his neck. After inflicting injury, the appellant ran away from the spot. As a result of injury, blood started oozing out and had spread on his cloth. In cross-examination , the injured, PW-1 has stated that appellant Bittoo was known to him and he used to meet him in a park in Keshopur. In cross-examination he has also deposed that appellant first demanded money from him and when he refused, appellant inflicted injury upon him with a blade. The injured, PW-1 has denied that appellant had inflicted injury upon him due to enmity. His material deposition is not demolished in cross-examination. His evidence is also in consonance with the statement Ex.PW 1/A which he had made to Head Constable Ramesh, PW-6 in DDU Hospital where the aforesaid police official had gone after receiving DD no.15 Ex.PW 6/A.