NASIM Vs. STATE

JUDGEMENT

(1.) NASIM (the appellant), Salim @ Samim and Mohd.Wasim were sent for trial in Case FIR No.213/12 under Sections 307/341/506/34 IPC registered at Police Station Shahabad Diary on the allegation that on 05.07.2012 at about 3:30 p.m. near Sulabh sochalaya, Sector 27, Rohini they in furtherance of common intention inflicted injuries to Rahul @ Jagga. The victim was taken to hospital and nature of injuries was opined 'simple'. The accused persons were arrested and charge -sheet under Section 307/341/506/34 IPC was filed against them in the Court.

(2.) THE prosecution examined six witnesses including victimPW -1 (Rahul @ Jagga) and PW -2 (Saddam @ Govinda). In 313 statement, the accused persons denied their involvement in the crime. Nasim and Mohd. Wasim were convicted and Salim @ Samim was exonerated and acquitted of the charges. Mohd.Wasim was released on probation whereas Nasim was awarded RI for five years with fine Rs. 10,000/ -. Hence the appeal.

(3.) I have heard the learned counsel for the parties and have examined the file. Appellant's counsel urged that ingredients of Section 307 IPC are not attracted. The victim never suffered any stab injury as the depth of the wound was one centimeter; the knife was never recovered during investigation.