RAMJAN Vs. STATE

JUDGEMENT

(1.) The appellant and one another (Sheikh Hasan) stood trial in the court of Additional Sessions Judge-03, North West, Rohini Courts, New Delhi in Sessions Case No. 59/2013. It concluded with judgment dated 27.01.2016 whereby the co-accused Sheikh Hasan was acquitted while the appellant was held guilty and convicted for offence under Section 307 read with Section 34 of Indian Penal Code, 1860 (IPC). It may be mentioned here that in the incident which is the subject matter of the case at hand allegations have been made also against a third accused Ajju, son of Saddik, who could not be arrested and was declared proclaimed offender, the case being subject matter of investigation on the basis of first information report (FIR) No. 217/2011 of police station Jahangir Puri. The trial court by subsequent order dated 02.02.2016 awarded rigorous imprisonment for five years with fine of Rs. 50,000/- and in default simple imprisonment for further period of three months as the punishment, the fine if realised to be paid as compensation to the victim Imran (PW-1).

(2.) The gravamen of the charge on the basis of which the appellant was tried primarily was that on 11.07.2011 at about 4.15 p.m. at D Block, opposite Gali No.7, Jahangir Puri within the jurisdiction of police station Jahangirpuri, he with the other accused (Ajju) had voluntarily assaulted on the person of PW-1 with knife in an attempt to commit the offence of murder under Section 307 IPC read with Section 34 IPC.

(3.) The prosecution examined thirteen witnesses, they being Imran (PW-1); HC Hari Ram (PW-2); Ajam (PW-3); Dr. Gopal Krishna (PW-4); ASI Ram Phal (PW-5); Dr. Sushant Verma (PW-6); Dr. Gopal Krishna (PW-7); Ct. Vikas (PW-8); L/Ct. Reena (PW-9); HC Jagbir (PW-10); HC Shripal; (PW-11); HC Phool Kumar (PW-12) and SI Sandeep Kumar (PW-13). The statement of the appellant was recorded under Section 313 Cr.P.C., 1973 in which he claimed to be innocent having been falsely implicated. He, however, did not lead any evidence in defence.