KHURSHID Vs. STATE

JUDGEMENT

(1.) By the present appeal, Khurshid @ Mental challenges the impugned judgment dated 27th April, 2016 convicting him for the offence punishable under Section 307 IPC in FIR No. 354/2014 registered at PS Welcome and the order on sentence dated 14th May, 2016 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000/- and in default to undergo simple imprisonment for a period of 60 days for the offence punishable under Section 307 IPC.

(2.) Learned counsel for the appellant contends that neither any public witness has been examined nor any CCTV footage has been produced. The four prosecution witnesses in the present case are the injured and his family members and there are glaring contradictions and improvements in their testimonies. Furthermore, even as per the prosecution case, since there was no premeditation, essential element of Section 307 IPC is not made out.

(3.) Per contra, learned APP for the State submits that the name of the appellant is mentioned in the FIR itself even though not mentioned in the PCR call or MLC. The nature of the injuries was dangerous. Furthermore, the testimony of the injured is corroborated by the MLC. Hence the appeal be dismissed.