RAKESH SINGH Vs. STATE

JUDGEMENT

(1.) By way of the present appeal, the appellant seeks to assail the judgment dtd. 30/9/2003 and the Order-on-Sentence dtd. 8/10/2003 passed by the Trial Court arising out of the FIR bearing No. 643/1997 registered at Police Station-Dabri, Delhi.

(2.) Vide the impugned judgment, the appellant was held guilty for committing the offence punishable under Sec. 307 r/w 34 of the Indian Penal Code, 1860 (hereinafter "IPC") and vide the impugned order on sentence, the appellant was sentenced to undergo Rigorous Imprisonment for a period of 03 years along with a fine of Rs.1000.00 and in default of payment of fine to further undergo Simple Imprisonment for a period of 01 month.

(3.) The appellant was charged under Sec. 307/34 IPC on the allegations that on 29/9/1997 at about 7:00 PM, near Som Bazar, Madhu Vihar, he along with co-accused Pintoo and Babloo, in furtherance of their common intention caused injuries on the person of Amit Kumar with a sharp object with such intention or knowledge that, and under such circumstances that, if by that act they would have caused death of Amit Kumar, they would have been guilty of murder. To the said charge, the appellant pleaded not guilty and claimed trial.