SAGIR @ ANNU Vs. STATE

JUDGEMENT

(1.) The instant appeal is arising out of the judgment dated 31.08.2016 and order on sentence dated 22.09.2016, whereby the appellant-Sagir @ Annu was convicted for committing offences punishable under Sections 304(II)/308/34 IPC. Aggrieved by the said judgment and order on sentence, the appellant has preferred the instant appeal.

(2.) Briefly facts stated are that on 01.01.2012, information was received in Police Station-Jahangirpuri about a quarrel vide DD No.76 B. ASI Naresh along with Ct. Rahul visited the spot for investigation. On reaching the spot, they came to know that the injured persons have been taken to BJRM hospital. ASI Naresh collected MLCs of Adil, Javed and Vishal. ASI Naresh recorded the statement of injured/complainant Vishal. On the basis of said statement, FIR No.03/2012 was registered. After completion of investigation, charge-sheet was filed and the appellant and his associates were charged for committing various offences. The prosecution examined 20 witnesses in order to prove its case. Upon appreciation of evidence and after considering the contentions of the appellant and his associates, they all were convicted by the impugned judgment. By an order dated 22.09.2016, the appellant was awarded Rigorous Imprisonment for seven years and also a fine of Rs.25,000/- for offence punishable under Section 304(II)/34 IPC and in default of payment of fine to undergo three months Simple Imprisonment. He was also awarded three years Rigorous Imprisonment and fine of Rs.10,000/- for offence punishable under Section 308/34 IPC and in default of payment of fine to undergo one month Simple Imprisonment. All the sentences were to operate concurrently. Being aggrieved and dissatisfied, the appellant has filed the instant appeal.

(3.) During the course of arguments, on instructions, the appellant's counsel stated that the appellant has opted not to challenge the findings of the Trial Court on conviction. She, however, prayed to modify the sentence order and to release the appellant for the period already undergone by the appellant. Learned Additional Public Prosecutor has no objection to consider the mitigating circumstances.