ASHOK Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Ashok (the appellant) was charge-sheeted for committing offence under Section 308/34 IPC in Sessions Case No. 02/09 arising out of FIR No. 407/08 PS Patel Nagar. Allegations against him were that on 02.10.2008 at about 09.00 P.M. near House No. 3025, Ranjit Nagar, New Delhi, he along with his two associates Chand and Suraj (both juveniles), in furtherance of common intention caused injuries to Pramod with a wooden stick. Daily Diary (DD) No. 39 (Ex.PW-10/A) was recorded on getting information from Police Control Room (PCR) at 10.10. P.M. at PS Patel Nagar. PCR had taken the injured to Deen Dayal hospital for medical examination. MLC (Ex.PW-9/A) was proved and the injuries on the body of the victim were described as 'grievous'. The prosecution examined as many as ten witnesses. In 313 statement, the appellant pleaded false implication. The trial resulted in his conviction. By an order dated 04.12.2010, the appellant was awarded RI for seven years with fine Rs. 5,000/-.

(2.) During the course of arguments, appellant's counsel on instructions stated at Bar that the appellant has given up challenge to the findings of the Trial Court on conviction under Section 308/34 IPC and accepts it voluntarily. He however, prayed to take lenient view as the appellant has already undergone substantial period of the substantive sentence awarded to him. Learned Addl. Public Prosecutor has no objection.

(3.) Since the appellant opted not to challenge the findings of the Trial Court on conviction in view of the categorical statements of PW-3 (Pramod), the victim and PW-4 (Poonam), victim's wife coupled with medical evidence where the skull was found fractured, the conviction under Section 308/34 IPC, stands affirmed. Nominal roll dated 18.03.2012 reveals that he has already undergone one year, eleven months and eighteen days incarceration besides remission for six months and sixteen days as on 26.03.2012. The total dentention period has gone to forty months. The appellant has voluntarily offered to pay Rs. 30,000/- as compensation to the complainant / victim for the injuries sustained by him. Considering the period already undergone by him in this case and the offer of payment of Rs. 30,000/- as compensation to the complainant / victim, sentence order is modified and the period already suffered in custody is taken as substantive sentence. Other terms and conditions of the sentence order are left undisturbed. The appellant shall, however, deposit Rs. 30,000/- as compensation within 30 days in the Trial Court and this amount shall be released to the complainant / victim Pramod after due notice.