SUNDER Vs. STATE (GOVT OF NCT OF DELHI

JUDGEMENT

(1.) By the present appeal, the appellant challenges the impugned judgment dated 19th April, 2016 convicting him for the offence punishable under Sections 308 / 427 / 34 IPC in FIR No. 392/2012 registered at PS Sunlight Colony and the order on sentence dated 26 th April, 2016 directing him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5000/- and in default to undergo simple imprisonment for a period of six months for the offence punishable under Sections 308 / 34 IPC and rigorous imprisonment for a period of one year and to pay a fine of ?1,000/- in default whereof to undergo rigorous imprisonment for a period of one month for the offence punishable under Sections 427 / 34 IPC. Four accused namely Sunder, Bablu, Zakir and Gautam were tried on a charge-sheet filed and vide impugned judgment Zakir and Gautam were acquitted. Bablu though convicted has not preferred an appeal.

(2.) Learned counsel for the appellant contends that since the intention of the main accused has not been proved, the appellant cannot be convicted with the aid of Section 34 IPC. Furthermore, it is the case of the prosecution that the stab injury was inflicted by Dharmender (declared Proclaimed Offender) and not by the appellant, thus appellant cannot be convicted as above. Alternatively, it was prayed that the appellant released on the sentence undergone.

(3.) Learned APP for the State on the other hand contends that that the prosecution case has been proved by the testimony of the injured victim Pramod PW-2 and the same is corroborated by his MLC.