MUKESH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order on sentence dated 20.12.2012 and 21.12.2012 wherein the appellant stands convicted under Section 307 of the IPC. He has been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs. 5,000/ - 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 completed incarceration of almost 3 1/2 years which includes the remissions awarded to him.

(3.) THE prosecution in support of its case has examined 8 witnesses of which the complainant was examined as PW -3. Complainant's daughter was examined as PW -2. Her brother was examined as PW -1. The doctor who had examined PW -3 was Dr. Pooja Singhal (PW -6). She had identified the signatures of Dr. Sanjay Singh on the MLC (Ex. PW -6/A). The investigation was marked to ASI Mahesh Singh (PW -8) who along with SI Vinod (PW -5) had reached the spot. The victim was found moved to the hospital and it was in the hospital that the statement of the victim was recorded, pursuant to which the criminal law was set into motion and challan was thereafter, filed.