RAMAN KANT VAID Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE appellant is aggrieved by the impugned judgment and order of sentence dated 06.02.2006 and 13.02.2006 whereby he has been convicted under Section 308 of the IPC and has been sentenced to undergo RI for a period of 4 years and to pay a fine of Rs.10,000/ - and in default of payment of fine, to undergo RI for 1 year.

(2.) AT the outset, learned senior counsel for the appellant points out that out of total period of 4 years of sentence which had been awarded to the appellant, he had suffered a sentence of about nearly 4 months. This submission of the appellant is borne out from the record as also from the nominal roll which has been summoned.

(3.) THIS version of the prosecution has been unfolded in the statement of PW -2 which was recorded at 04:30 pm on 19.12.2000 and which had formed the basis of the rukka (Ex.PW -8/A) pursuant to which the present FIR under Sections 308/323/34 of the IPC had been registered. The injured were PW -2 and PW -3. PW -2 had sustained simple injuries. This is evident from their MLCs Ex.PW -4/A & Ex.PW -1/A. PW -3 had been examined on 19.12.2000; opinion on his injury was given subsequently i.e. on 12.01.2001 after he had been referred to LNJP hospital as also to the Trauma Center; injuries noted were a CLW 4.5 cm in length over parietal area of scalp; abrasion over left ankle and both knees as also bruise over right flank were noted.