SHAM LAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Sham Lal (the appellant) challenges conviction in Sessions Case No. 257/1997 arising out of FIR No. 344/1996 PS Hauz Khas by which he was held guilty for committing offence under Section 308 IPC. By an order dated 14.11.2000, he was sentenced to undergo RI for one year with fine Rs. 10,000/-.

(2.) Allegations against the appellant were that on 11.05.1996 at about 09.30 A.M. near Khel Gaon Road he fractured Gaya Baksh's parietal bone with fists with an attempt to commit culpable homicide. During the course of investigation, the Investigating Officer SI Prem Chand lodged First Information Report after recording Babu Ram's statement (Ex.PW-2/1). The accused was arrested. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was submitted under Section 325/308 IPC. The prosecution examined eight witnesses. In his 313 statement, the accused pleaded false implication and stated that he was not the author of the injuries to the victim. Considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held the appellant perpetrator of the crime under Section 308 IPC.

(3.) During the course of arguments appellant's counsel on instructions stated at bar that the appellant has opted not to challenge his conviction under Section 308 IPC. She however, prayed to take lenient view as the appellant had already undergone 25 days in custody in this case and is not a previous convict.