MANOJ KUMAR Vs. STATE

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 08.12.2015 of learned Additional Sessions Judge in Sessions Case No.06/15 arising out of FIR No.705/14 registered at Police Station Welcome whereby the appellant-Manoj Kumar was held guilty for committing offence punishable under Section 308 IPC. By an order dated 9.12.2015, he was sentenced to undergo Simple Imprisonment for five years with fine Rs. 25,000/-.

(2.) Briefly stated, the prosecution case, as set up in the chargesheet, was that on 4.12.2014, at about 10.15 p.m. at Gali No.2, Subhash Park, near Namkeen Chowk, the appellant inflicted injuries to Manish with an intention to commit the offence of culpable homicide. On receipt of information, Daily Diary (DD) No.53B (Ex.PW8/E) came into existence at 10.32 p.m. at Police Station Welcome. The Investigating Officer after recording statement of the victim's brother Manoj Kumar (Ex.PW-1/A) lodged First Information Report. Statements of the witnesses conversant with the facts were recorded. The victim Manish was taken to Guru Teg Bahadur Hospital, Shahdara, for medical examination. The accused was arrested. Upon completion of investigation, a charge-sheet was filed against him for committing offence punishable under Section 308 IPC. In order to establish its case, the prosecution examined eight witnesses in all. In 313 statement, the accused denied his involvement in the crime and pleaded false implication. He examined himself as DW-1. 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. Injuries sustained by the victim are not under challenge. The appellant's plea is that he was not the author of the injuries and these were inflicted by 'someone' else. Soon after the incidence, the victim was taken to GTB Hospital. MLC (Ex.PW4/A) records arrival time of the patient at 10.50 p.m. on 4.12.2014. PW-4 (Dr.Deovrat Kumar) examined the victim vide MLC (Ex.PW-4/A). The patient was referred to Neuro Trauma and ENT for further examination and management. PW-6 (Dr.Shivesh) conducted CT-scan vide form (Ex.PW-6/A) and submitted his report (Ex.PW-6/B). The injuries suffered by the victim were 'grievous' in nature.