ANIL KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) The instant appeal under Sec. 374 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed by the appellant against the judgment and order on sentence dtd. 14/7/2009 and 17/7/2009 passed by the learned Additional Sessions Judge, Karkardooma Court, Delhi whereby the appellant was convicted under Ss. 308/34 of the Indian Penal Code, 1860 ('IPC') and sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs.5,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) Brief facts of the present case, as per prosecution, are that on 20/9/2007, an incident had taken place near S.D.M. office after altercation between the appellant and complainant, wherein the appellant had hit the complainant on his head with a danda. When the said incident had taken place, somebody from the public had called the police and when the PCR van had reached the spot, the appellant was not present at the place of incident. It was alleged that thereafter, the complainant was taken to the hospital where his MLC was prepared and after examination, it was opined that injuries suffered by the complainant were grievous in nature. On 22/9/2007, the complainant had lodged a complaint in with the police, on the basis of which the present case under Ss. 308/34 of IPC was registered against the accused persons. Charges were framed against the accused persons and evidence was led by the prosecution. After conclusion of trial, the learned Trial Court had convicted the appellant along with other co-accused persons under Ss. 308/34 of IPC. Against the judgment dtd. 14/7/2009 and order on sentence dtd. 17/7/2009, the present appeal was preferred by the appellant herein.

(3.) At the outset, learned counsel for the appellant on instructions states that the appellant is not pressing the present appeal on its merits. However, he prays for leniency and alteration of sentence since the offence was committed 17 years back. The appellant prays that leniency be accorded in sentence and the sentence already undergone by him may be treated as the sentence imposed upon him.