TINKOO Vs. STATE

JUDGEMENT

(1.) Appellant is aggrieved by the impugned judgment dated 25.4.2006 and order of sentenced dated 27.4.2006 respectively wherein the appellant had been convicted under Section 326 of the IPC and sentenced to undergo RI for 4 years and to pay a fine of Rs.5000/- in default of payment of fine to undergo RI for 1 years.

(2.) Version of the prosecution is that on 11.8.2011 at about 10.45- 11.00 p.m. near shop of Mohind Presswala, Amarpuri, Nabi Karim appellant Tinkoo inflicted injuries upon injured Babloo @ Dildar (PW-9) with an "ustra". Version of the prosecution being that when the injured was going to take cigarettes towards Mobin Presswala, he met the appellant; the appellant took out the "ustra" from his pant and attacked the victim. Zahid (PW-1) brother of the victim reached the spot. Injured had been removed to the hospital by his friend Ravi (not examined as a witness). The MLC of the victim had been proved through Dr.Abhey Prakash Jha (PW-10) and Dr.Rajiv Dhawan (PW-11) as Ex.PW-10/A and Ex.PW-11/A. Injuries noted on the person of the victim were grievous; injuries were noted on his right cheek, right shoulder, anterior to right tragus, neck and thyroid cartilage was attacked and it was bulging out. Injuries were opined to be grievous and blood sample of the victim was also taken so also his blood stained pant. The statement of the injured Babloo was not recorded till 13.8.2001 as he was unfit for statement till that time. The accused was arrested on 12.8.2001 vide memo Ex.PW-2/B. His grey pant and torn T-shirt which were blood stained were also recovered, sealed and sent to the FSL. Vide its report the FSL opined the blood group 'O-positive' on the clothes of the accused as also on the pant of the victim. Statements of PW-1 (Zahid) and PW-9 (injured Babloo) were recorded. Investigating officer was examined as PW-12.

(3.) In the statement of the victim recorded under Section 313 Cr.P.C. he pleaded innocence stating that he had been falsely implicated in this case.