SACHIN @ TOTA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 19.10.2010 and 02.11.2010 respectively wherein the appellant stands convicted under Section 307 of the IPC. He has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.50,000/- and in default of payment of fine, to undergo SI for 6 months.

(2.) The nominal roll of the appellant reflects that as on date, he has undergone incarceration of 5 years & 9 months including the remission earned by him.

(3.) The version of the prosecution is that on 28.05.2005, four of the accused persons namely Sachin (the appellant), Sandeep, Sunny and Naresh in furtherance of the common intention stabbed Pawan Rana (PW-2) in his stomach with a knife. The eyewitness Pramod Rana (PW-1) had informed the police. PW-1 and PW-2 were friends and at that point of time, they were travelling in a bus and when the bus reached near Ashiyana Chowk, three boys pushed PW-1 and started quarreling and abusing him. On PW-1 raising an objection, one of them took out a knife and stabbed PW-2. PW-2 was moved to Sarvodya Hospital from where he was shifted to the Trauma Centre. He was discharged on 07.09.2005 i.e. after a period of 11 days.