KABIR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned dated 28th September 2013 passed by the learned District & Sessions Judge (West), Delhi in Sessions Case No. 38 of 2012 convicting the Appellant for the offence under Section 307 IPC and the order on sentence dated 30th September 2013 sentencing him to simple imprisonment ( SI ) for a period of four years.

(2.) THE case of the prosecution was that Mr. Govind Verma (PW -4), his wife Mrs. Praveen (PW -3) and their family were residing at RZ - 24, Gali No.5, Deep Enclave, Vikas Nagar, Uttam Nagar, New Delhi. PW -4 plied a rickshaw.

(3.) THE Appellant next came to the house of PW -4 on 14th September 2012 at around 4 am and asked PW -4 to return his belongings. PW -4 is then stated to have told the Appellant to first reimburse the money spent on his medical treatment. Upon this the Appellant retorted: Zyada Dada Banta Hai Mai Abhi Batata Hu and picked up a lori i.e. a kitchen implement with which the masalas are ground, and hit PW -4 on the right side of his lower jaw. The Appellant is also stated to have used a knife lying around and cut the right ear of PW -4 and also inflicted incised wounds on the neck and face of PW -4. When PW -3 raised an alarm, the landlady Mrs. Mallika (PW -2) came there. PW -3 told PW -2 that the Appellant had caused injuries to PW -4. PW -3 then took PW -4 to the hospital where she met the police and her statement (Ex.PW -3/1) was recorded. She returned to her house from the hospital with the police. The police then prepared the site plan (Ex.PW -3/2) on her pointing out.