PARAMJIT SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant Paramjit Singh challenges the legality and correctness of a judgment dated 02.09.2011 of learned Addl. Sessions Judge in Sessions Case No. 21/08 arising out of FIR No. 530/05 PS Prashant Vihar by which he was convicted under Sections 307/34 IPC. By an order dated 07.09.2011, he was awarded RI for three years with fine Rs. 5,000/-.

(2.) Briefly stated, the prosecution case as unfolded in the chargesheet during trial was that on 14.06.2005 at about 11.00 P.M. in DDA Shopping Complex, Near Petrol Pump, Sector 16, the appellant and his associate Padam Thapa (Proclaimed Offender) sharing common intention inflicted injuries to Murari Lal in an attempt to murder him. The victim was taken to Dr.Baba Saheb Ambedkar Hospital (in short 'BSA Hospital') and was medically examined. The accused persons were arrested. Statements of the witnesses conversant with the facts were recorded to substantiate the charges. After completion of investigation, a charge-sheet was submitted against the appellant and Padam Thapa; they were duly charged and brought to trial. In 313 statement, the appellant pleaded false implication and denied his presence at the spot. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, he has preferred the appeal. It is relevant to note that Padam Thapa absconded during trial and was declared Proclaimed Offender.

(3.) Appellant's counsel urged that the Trial Court did not appreciate the evidence in its true and proper perspective and erred in relying upon the testimonies of the witnesses who were closely associated with the victim. No independent public witness was joined at any stage of the investigation. The main culprit Padam Thapa has since been declared Proclaimed Offender. The prosecution was unable to bring on record any cogent evidence to infer that the appellant shared common intention with him (Padam Thapa) to inflict injuries to the victim. The rope allegedly put around the victim could not be recovered. No injury by it was found on his body. Learned Add. Public Prosecutor urged that there are no cogent reasons to disbelieve the credible and reliable testimony of the victim which has been corroborated by independent public witnesses.