SACHIN Vs. STATE

JUDGEMENT

(1.) Sachin, the petitioner, impugns the judgment and order of conviction dated 3.10.2013/11.10.2013 passed by the learned Metropolitan Magistrate, Saket Courts in connection with FIR No.580/2003 (PS H.N. Din) whereby he has been convicted under Sections 452, 324, 506 and 34 IPC and has been sentenced to undergo RI for two years, fine of Rs.2,000/- (in default SI for one month for the offence under Section 452 IPC); RI for two and a half years, fine of Rs.3,000/- (in default SI for one month for offence under Section 324 IPC) and RI for two years for the offence under Section 506 IPC, the sentences, however, having been ordered to run concurrently; as well as the Appellate Court judgment dated 5.11.2014 passed by the learned District & Sessions Judge, South East, Saket Courts, New Delhi in Crl. Appeal Petition No.54/2013 whereby the conviction recorded by the Trial Court was maintained but the sentence under Section 324 IPC was reduced and modified from two and a half years to two years.

(2.) The petitioner is alleged to have trespassed into the house of Afzal Ali (PW1) on 17.11.2003 at about 2:15 p.m. along with one Rajesh (since dead). It has been further alleged that co-accused Rajesh enquired from PW1 about his wife but the answer of PW1 did not satisfy Rajesh. The petitioner and Rajesh are then said to have attacked PW1 by means of barber's razor. Rajesh thrust the razor in the stomach of PW1 as a result of which the shirt and vest of PW1 was torn. The attack by petitioner was warded off by PW1 but he was hurt in his finger and thumb.

(3.) FIR No.580/2003 (P.S. H.N. Din) was registered on the basis of complaint made by PW1 (Ex.PW1/A) under Sections 452, 341, 324, 506 and 34 IPC.