RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant Rajesh Kumar has preferred the present appeal under Section 374-(2), Cr.P.C. assailing the judgment dated 01st March, 2002 and order on sentence dated 02nd March, 2002 vide which he has been convicted for committing the offence punishable under Section 307, IPC and sentenced to undergo RI for three years with fine of Rs. 1000/- and in default of payment of fine, to undergo SI for three months.

(2.) In brief, the case of prosecution is that 17th March, 2001 at about 3.40 p.m. when the complainant/injured Manoj Rathi was standing on the roof of his house bearing No.RZ-B-1/25, New Roshan Pura, Delhi, he saw that his cousin (PW-10) was passing through the street and appellant was teasing her. He came down from the roof and objected to the behavior of the appellant. On this the appellant took out a knife from the backside pocket of his pant and tried to give a knife blow on his chest and while trying to save himself, he received injuries on his head. Thereafter the appellant fled away from the spot and matter was reported to the police.

(3.) On the basis of above statement, FIR No.135/2001 under Section 307, IPC was registered at PS Nazafgarh. The appellant/accused was arrested and after completion of investigation, the chargesheet was filed.