MOHD RIYAZ Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 14.10.2014 of learned Special Judge, NDPS, in Sessions Case No. 91/12 arising out of FIR No.152/12 PS Kotwali by which Mohd. Riyaz (the appellant) was held guilty for committing offences under Sections 307 IPC and 25 Arms Act, he has filed the instant appeal. By an order dated 18.10.2014, he was sentenced to undergo RI for five years with fine Rs. 10,000/- under Section 307 IPC and SI for one year with fine Rs. 5,000/- under Section 25 Arms Act. Both the sentences were to operate concurrently.

(2.) Briefly stated, the prosecution case as set up in the chargesheet was that on 27.06.2012 at about 10.10 p.m. complainant Mohd. Shahid was going towards his house. When he reached in front of House No.4897, Gali Kucha, Ustad Dagg, Chandni Chowk, Delhi, the appellant threatened to kill him. He inflicted 3 4 knife blows on his body. The Investigating Officer (PW-10 ASI Naresh Kumar) took over the investigation. Statements of the witnesses conversant with the facts were recorded. Upon completion of the investigation, a charge-sheet was filed against the appellant in the Court. The prosecution examined ten witnesses to substantiate its case. In 313 Cr.P.C. statement, the appellant pleaded false implication. He did not examine any witness in his defence.

(3.) During the course of arguments, learned counsel for the appellant, on instructions, stated at Bar that the appellant has given up challenge to the findings recorded by the Trial Court on conviction. He, however, prayed to take lenient view as the matter has been settled with the complainant / victim and the appellant has remained in custody for sufficient duration. Learned APP has no objection to take lenient view.