SONU CHOUDARY Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) By this Judgment, I shall dispose of the present appeal U/s 374 of Cr.P.C. which has been filed against the judgment of conviction dtd. 30/11/2022 and order on sentence dtd. 4/2/2023 passed by the Addl. Sessions Judge-FTC-02 (South East), Saket Courts/Delhi vide which the appellant has been convicted U/s 324/452 IPC and sentenced to undergo simple imprisonment for a period of two years and to pay a sum of Rs.1,00,000.00 as fine for the offence U/s 324 IPC and in default of payment of fine, simple imprisonment for a period of six months. He has been further sentenced to undergo simple imprisonment for a period of 4 years and to pay a fine of Rs.5,000.00 U/s 452 IPC and in default of payment of fine, simple imprisonment for a period of three months.

(2.) In brief, the case of the prosecution is that DD No. 3 A was registered and marked to SI Chander Shekhar (IO), who alongwith Ct. Sanjeev reached at the spot i.e., Baithak Restaurant situated at B-2, Sukrbazar Nala Road, Hari Nagar Ext., New Delhi where PCR van had already reached there and PCR officials handed over two injured persons namely Rajat and Imran to the IO.

(3.) Appellant was also apprehended by the PCR officials and he was also handed over to the IO. Statement of complainant/injured Rajat Dhyani was recorded by the IO who stated that on 6/10/2014 he was present in the restaurant namely Baithak being run by him. At about 11:00 p.m., appellant came and asked for water to consume alcohol. When injured Rajat denied, appellant took out a blade and inflicted injuries on his thigh, shoulder and back.