SANDEEP TIWARI Vs. STATE

JUDGEMENT

(1.) By the present appeal, Sandeep Tiwari challenges the impugned judgment dated 2 nd June, 2017 convicting him for the offence punishable under Sections 304 Part-II IPC in FIR No. 676/2016 registered at PS Aman Vihar, Delhi and the order on sentence dated 5th June, 2017 directing him to undergo simple imprisonment for a period of four years.

(2.) Assailing the conviction, learned counsel for the appellant contends that the main witnesses have not supported the prosecution case and turned hostile. Danda, the alleged weapon of offence, has not been identified either by Geeta (PW-2) or Raju (PW-3). Thus in a case of no evidence against the appellant, he has been erroneously convicted by the learned Trial Court.

(3.) Learned APP for the State on the other hand contends that the impugned judgment and the order on sentence suffer from no illegality as the learned Trial Court rightly raised the presumption under Section 106 of Indian Evidence Act which the appellant failed to rebut.