PAWAN Vs. STATE

JUDGEMENT

(1.) Present appeals are being disposed off together as vide common impugned judgment dated Sept. 27, 2016, Pawan, Durga, Rajinder Kumar @ Aman and Sunny were convicted for offences punishable Sections 308 and 323 read with Sec. 34 IPC. Vide order on sentence dated Oct. 26, 2016 they were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000.00 for offence punishable under Sec. 308/34 Penal Code and rigorous imprisonment for period of one year for offence punishable under Sec. 323/34 IPC.

(2.) Learned counsel for the appellants submits that neither the CT scan report of LJPN hospital has been exhibited on the basis of which injury was stated to be grievous in nature by PW-8 Dr. Avdesh Bhagat nor the doctor who conducted the aforesaid CT scan has been examined. In the absence of the opinion of the doctor, Sec. 308 Penal Code is not made out. Furthermore, no motive has been proved against the appellants by the prosecution. PW-1 Kulbeer Singh and PW-2 Balvinder have not supported the case of prosecution in Court and turned hostile. Kulbeer Singh, Balvinder and PW-3 Mohit Arora could not identify the appellants since it was dark due to electricity failure. PW-5 Gulshan in his testimony had stated that there was a function going on and there were 20-30 persons present in the function, however, no one was made a witness. The dandas by which blows were given have not been recovered. Alternatively, it is prayed that the appellants be released on the period already undergone.

(3.) Per contra Learned APPs for the State submit that the case of the prosecution has been supported by PW-4 Rakesh Arora. Though Kulbeer Singh has not supported the prosecution case in its entirety, however he correctly mentions the place of incident and lends corroboration to the version of Rakesh Arora. Further with respect to the plea of alibi, no document has been placed on record to substantiate the same.