RAJINDER KUMAR Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 09.10.2002 passed by the learned Additional Sessions Judge, Delhi convicting the appellant for the offence punishable under Section 308-II of I.P.C., and the order on sentence dated 17.10.2002 vide which the sentence has been passed to undergo rigorous imprisonment for a period of two years with fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for further four months, the present appeal has been preferred by the appellant.

(2.) In brief, the facts of this case are that a case under Section 307 of I.P.C. was registered on 12.07.2000, when it was informed through wireless operator on 09.07.2000 that in Gali No.2, Military Tank Road, near Gurudwara, that one person has been inflicted knife injuries. DD was handed over to Sub-Inspector Ranbir Singh, who went to the place of the incident and came to know that the injured has been taken to hospital. No eye witness was found there. He went to DDU Hospital but the injured was not found there. Thereafter, a call was made to Ram Manohar Lohia Hospital and it came to the notice that injured Manoj resident of 16/645 Bapa Nagar has been admitted to the hospital. The investigating officer went to the hospital, collected the MLC of the injured Manoj, who was found to be not fit for statement. After taking into consideration the MLC of the injured the rukka was sent for registration of a case under Section 307 of I.P.C.

(3.) Investigation was conducted, accused Rajinder was caught from his residence and weapon of offence was also recovered at his instance. Charge under Section 307 of I.P.C. was framed against the accused/appellant who did not plead guilty and claimed trial.