VIJAY Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted under Sec. 374(2) Cr.P.C., seeking setting aside of the impugned judgment dtd. 19/1/2015 and the order on sentence dtd. 22/1/2015 passed by the learned Additional Sessions Judge-05 (West), Tis Hazari Courts, Delhi, in Sessions Case No. 39/2014 (Old No. 42/2010) arising out of FIR No. 923/2007 registered under Ss. 308/34 IPC at P.S. Uttam Nagar. Vide the impugned order on sentence, the appellant Vijay @ Noti was directed to undergo RI for a period of 4 years alongwith fine of Rs.1,000.00, in default whereof he would undergo SI for 2 months, for the offence punishable under Sec. 308/34 IPC. The Trial Court also extended the benefit under Sec. 428 Cr.P.C. to the appellant. FACTS AND OVERVIEW

(2.) On 15/12/2007, DD No. 47B came to be recorded at P.S. Uttam Nagar, informing the police that one Pappu had been admitted to DDU Hospital in an injured condition. Upon reaching the hospital, ASI Sanwar Mal obtained his MLC and learnt that he had been referred to Safdarjang Hospital. At Safdarjang Hospital, the injured was found admitted in Ward B, where a minor operation had been performed on him, and he was thereafter declared fit to make a statement. In his statement, Pappu stated that on that day, at about 4:00 p.m., he had been beaten by Vijay @ Noti (the appellant herein), Satya Prakash @ Pappu, Mahesh, and Kake, with whom he had previous enmity. He alleged that Satya Prakash caught hold of him while Vijay @ Noti gave him blows with a khukhari (sharp-edged weapon). As the appellant attacked his person, he tried to ward off the blow and, as a result, sustained injuries on the wrist of his right hand, in addition to receiving another blow on his head. He further stated that Mahesh struck him with an iron bucket, whereas Kake gave him leg and fist blows. Due to the injuries, he fell into the nearby drain, and his wife thereafter got him admitted to DDU Hospital. On these allegations, FIR No. 923/2007 came to be registered under Ss. 308/34 IPC. Investigation was carried out, including preparation of the site plan and recording of statements of witnesses. The blood-stained clothes of the injured complainant were seized, his wife's statement was recorded, the accused persons were arrested, and, upon completion of investigation, the chargesheet was filed. The Trial Court framed charges against all accused persons under Ss. 308/34 IPC, to which the said persons, including the present appellant, pleaded not guilty and claimed trial.

(3.) The prosecution examined 16 witnesses in all. The material witnesses were the injured complainant Pappu (PW-2) and his wife Bhagwati (PW-4), both of whom deposed about the assault in detail. The medical witnesses (PW-7, PW-8, PW-9, PW-10, PW-12, and PW-16) proved the injuries suffered by the complainant. PW-1 proved the registration of the FIR. The police witnesses, including PW-5/SI Kailash Chand, PW-6/HC Krishan Pal, PW-11/Ct. Ram Kishan, PW-13/Ct. Ranbir Singh, PW-14/SI Sanwar Mal, and PW-15/HC Vishnu Kumar deposed regarding receipt of DD entry, recording of the complainant's statement, arrest of the accused persons (including the appellant), and other steps of investigation. PW-3, the MHC(M), proved the deposit of case property. In defence, the appellant examined DW-1/Narain Dass, who claimed that the appellant was with him on the day of the incident; no defence evidence was led by the appellant's co-accused persons. CONTENTIONS