NANHE @ LANKA Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 20.08.2014 of learned Addl. Sessions Judge in Sessions Case No.26/2014 arising out of FIR No. 13/2013 PS Sultan Puri by which the appellant - Nanhe @ Lanka was held guilty for committing offence punishable under Sec. 307 IPC. By an order dated 08.09.2014, he was sentenced to undergo RI for seven years with fine Rs. 5,000.00.

(2.) Briefly stated, the prosecution case as depicted in the charge-sheet was that on 06.01.2013 at about 02.15 p.m. in front of gate Indra Park, E-7 block, near Jalebi Chowk, Sultan Puri, Delhi, the appellant inflicted injuries to master Aditya in an attempt to commit murder. The police machinery came into motion on getting information about the incident at 3.58 p.m. vide Daily Diary (DD) No. 31A (Ex.PW-1/A). The investigation was assigned to HC Ramavtar. The investigating Officer after recording Sumit Kumar's statement (Ex-PW-3/A) lodged First Information Report. The victim was taken for medical examination. Statements of the witnesses conversant with the facts were recorded. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of investigation, a charge-sheet was filed against the appellant. In order to establish its case, the prosecution examined fourteen witnesses and relied on various documents. In 313 Crimial P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) I have heard the learned counsel for the parties and have examined the file. Appellant's counsel urged that the Trial Court did not appreciate the evidence in its true and proper perspective. It ignored the material discrepancy whereby presence of the complainant was doubtful at the spot. The appellant was under the influence of liquor and had no intention to inflict injuries to commit murder.