SANJAY KUMAR Vs. STATE

JUDGEMENT

(1.) SANJAY Kumar (the appellant) has preferred the present appeal to challenge his conviction under Sections 308/452 IPC by a judgment dated 12.12.2011 in Sessions Case No.110/09 arising out of FIR No.467/07 registered at Police Station Bawana. By an order on sentence dated 15.12.2011, he was awarded Rigorous Imprisonment for five years with fine Rs.5,000/ - under Section 308 IPC and Rigorous Imprisonment for three years with fine Rs.5,000/ - under Section 452 IPC.

(2.) ALLEGATIONS against the appellant were that on 28.08.2007 at about 10.45 A.M. at the house of R.K.Verma at Village Pooth Khurd, Delhi, he committed criminal trespass and inflicted injuries to Kishore. The police machinery was set into motion when Daily Diary (DD) No.58 - B (Ex.PW7/A) was recorded at 11.15 P.M. at Police Station Bawana regarding the incident of quarrel. The investigation was assigned to SI Jai Kumar who lodged First Information Report after recording Kishore's statement (Ex.PW -3/A) on 29.08.2007. Statements of witnesses conversant with the facts were recorded. After completion of investigation a charge -sheet was submitted in the court against the accused; he was duly charged and brought to trial. The prosecution examined ten witnesses to prove his guilt. In 313 statement, the accused denied his complicity in the crime and pleaded false implication. After considering the contentions of the parties and appreciating the evidence on record, the Trial Court by the impugned judgment held the appellant guilty for the offences mentioned previously.

(3.) THE appeal stands disposed of in the above terms. Crl.M.B. No.95/2014 also stands disposed of. Trial Court record be sent back forthwith.