SHANKAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 02.7.2013 and 24.7.2013 respectively wherein the appellant stood convicted under Sections 307/324 of the IPC. He had been sentenced to undergo RI for a period of 6 years and to pay a fine of Rs.2000/- in default of payment of fine to undergo SI for 2 months for his conviction under Section 307 of the IPC. For his second conviction under Section 324 of the IPC he had been sentenced to undergo RI for a period of 2 years and to pay a fine of Rs.500/- in default of payment of fine to undergo SI for 15 days. Benefit of Section 428 of the Cr.P.C. had been granted to the appellant.

(2.) Nominal roll of the appellant has been requisitioned. This reflects that as on date the appellant has undergone incarceration of 3 years and almost 6 months which includes the remissions earned by him.

(3.) The version of the prosecution is that on 03.6.2011 at about 7.00 p.m. when Azim (PW-2) was crossing gali No.8, Dharampura, Gandhi Nagar, Delhi the dog of the appellant who was tied on the street crossed the foot of PW-2. The appellant got enraged and he and his accomplice Vijay gave beatings to PW-2. The brother of PW-2, Ashu (PW-1) and his cousin Adib (PW-8) came to save PW-2 but they were also beaten. Meanwhile the appellant went back into his house and brought out a knife and gave knife blows to PW-2 and PW-8; so much so that the intestines of PW-2 came out. He was also given a blow on his chest. FIR was registered on the complaint of PW-1. Investigation was set into motion.