JOHNY @ VIKRAM Vs. STATE ( NCT OF DELHI )

JUDGEMENT

(1.) Johny @ Vikram (the appellant) impugns a judgment dated 26.08.2011 of learned Additional Sessions Judge in Sessions Case No.18/2010 arising out of FIR No.112/2010 registered at Police Station Vasant Kunj (N) by which he was convicted under Section 307 IPC. By an order dated 30.08.2011, he was sentenced to undergo Rigorous Imprisonment for seven years with fine Rs. 5,000/-.

(2.) Allegations against the appellant were that on 28.03.2010 at about 11.30 P.M. at Kusumpur Pahari he caused injuries to Tinku and Monu with knife with an attempt to murder them. During the course of investigation statements of witnesses conversant with the facts were recorded. The MLCs of the injured persons were collected. Exhibits were sent to Forensic Science Laboratory for examination. The accused was arrested. After completion of investigation, a charge-sheet was filed against Johny @ Vikram in the court. The prosecution examined 11 witnesses to establish the guilt. In his 313 statement, the appellant pleaded false implication. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court by the impugned judgment held the appellant guilty for committing offence under Section 307 IPC and sentenced him as mentioned previously. Being aggrieved, the appellant has preferred the present appeal.

(3.) The appellant's counsel urged that the Trial Court did not appreciate the evidence in its true and proper perspective. No independent public witness was associated at any stage of investigation. It was a quarrel among young people and the appellant had no intention to cause injuries with an attempt to murder the victims. At the most, it is a case for committing offence under Section 326 IPC. The appellant being a young man deserves lenient view. Learned APP urged that there are no sound reasons to discard the cogent testimonies of the injured witnesses who sustained dangerous injuries on their vital organs with knife.