IMTIYAZ Vs. STATE

JUDGEMENT

(1.) The present appeal seeks to assail the judgment of conviction dtd. 29/1/2016 as well as the order on sentence dtd. 3/2/2016. Vide the aforesaid, the appellant was held guilty for the offence under Sec. 308 IPC and sentenced to undergo RI for 4 years along with payment of fine of Rs.25,000.00, in default whereof he would undergo SI for 3 months. The benefit of Sec. 428 Cr.P.C was also granted to the appellant. The sentence of the appellant was suspended during pendency of the present appeal vide order dtd. 13/11/2017.

(2.) The judgment of conviction was rendered in trial held in the context of FIR No. 542/2013 registered under Sec. 308 IPC at P.S. Vasant Kunj North.

(3.) As per the facts noted by the Trial Court, the police report was filed alleging that on 14/12/2013 at about 12:30 PM, the appellant had a quarrel with one Sajid at the fish market in Kishan Garh. It was alleged that the appellant had caused injuries to Sajid with a danda. The appellant was caught at the spot by one Jahir-ul-Islam, who witnessed the incident first-hand. On charge under Sec. 308 IPC being framed against the appellant, he pleaded not guilty and claimed trial.