ARUN SAHANI Vs. STATE

JUDGEMENT

(1.) Convicted for offences punishable under Sections 326 Penal Code and 27 of the Arms Act, 1959, Arun Sahani challenges the impugned judgment dated 16th Nov., 2015 and the order on sentence dated 24th Nov., 2015 directing him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 50,000.00 for offence punishable under Sec. 326 Penal Code and rigorous imprisonment for a period of one year and to pay a fine of Rs. 10,000.00 for offence punishable under Sec. 27 of the Arms Act.

(2.) Assailing the conviction, learned counsel contends that Arun Sahani has been convicted on the uncorroborated testimony of Akhilesh. No mens rea has been proved by the prosecution. No public witness was joined though the place where the alleged incident took place is frequented by general public. The defence of the appellant that he was falsely implicated has been ignored by the learned Trial Court. Learned counsel for Arun Sahani further prays that in the alternative, the appellant be released on humanitarian grounds on the period already undergone. The appellant has already undergone nearly half of the incarceration. The appellant has no previous criminal record. There was no enmity between the appellant and PW-2 Devanand (injured herein).

(3.) Learned APP for the State on the other hand submits that the impugned judgment suffers from no illegality. The weapon of offence, that is, knife was recovered at the instance of the appellant and blood stains on the knife matched with the blood of the victim.