ASHWANI @ CHINNI Vs. STATE

JUDGEMENT

(1.) By the present appeal, the appellant challenges the impugned judgment dated 5th November, 2016 convicting him for the offence punishable under Sections 307/34 IPC and the order on sentence dated 8th November, 2016 directing him to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.2,00,000/- and in default of payment of fine to undergo simple imprisonment for a period of six months for the offence punishable under Sections 307/34 IPC.

(2.) Learned counsel for the appellant submits that the dispute was between the complainant and co-accused Dinesh and Dinesh has been acquitted by the learned Trial Court. Hence, the appellant is also required to be acquitted.

(3.) Learned APP for the State on the other hand contends that the name of the appellant is mentioned in the PCR call. There is categorical deposition with respect to the role of the appellant in the testimony of Rajesh (PW-12) and Narender (PW-14). Furthermore, acquittal of Dinesh has no implication on the appellant.