SURAJ Vs. STATE

JUDGEMENT

(1.) Appeal has been preferred under Sec. 374(2) read with Sec. 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order on sentence dtd. 26/8/2023 and 30/10/2023 respectively, whereby the appellant has been convicted under Sec. 308 IPC in FIR No.477/2021 registered at PS: Shahbad Dairy, Delhi.

(2.) In brief, the law was set into motion vide DD No.89A on 23/8/2021 followed by registration of FIR No.477/2021, PS: Shahbad Dairy, Delhi under Sec. 308/34 IPC on the statement of Sunny (PW1), which culminated in filing of charge-sheet against appellant Suraj and co-accused Robin. It may be noticed at this stage itself that co-accused Robin who was charge-sheeted along with the appellant was acquitted vide the impugned judgment.

(3.) As per the case of the prosecution, on 22/8/2021, injured Arjun (PW-2) received a call from appellant Suraj to meet him in Matke Wali Gali, Shahbad Dairy, Delhi. When Arjun reached Matke Wali Gali along with his friend/neighbour Sunny (PW-1/complainant), he was confronted by appellant on the issue of Arjun having proximity with his ex-girlfriend namely Monika. Arjun was further assaulted by appellant who was joined by two-three other associates including Robin. As Sunny raised alarm, appellant along with other co-accused fled from the spot. Arjun was removed to Dr.BSA Hospital, from wherein he was referred to Safdarjung Hospital. The information regarding the incident was reported to the police telephonically on the next day i.e. 23/8/2021 by sister of the injured (Neha/PW-5), which was entered vide DD No.89A. Statement of Arjun was also recorded during course of investigation. Appellant was arrested on 8/2/2022 since he was lodged in JC in another case bearing e-FIR No.3060/21 under Sec. 379/411 IPC, PS: K.N. Katju Marg, Delhi. Co-accused Robin was also arrested from Rohini Jail wherein he was lodged in case FIR No.675/21, under Sec. 302 IPC, PS: Shahbad Dairy, Delhi. Charge was framed against appellant Suraj as well as co-accused Robin for the offences punishable under Sec. 308/34 IPC.