MOHD ANIS Vs. STATE

JUDGEMENT

(1.) The present proceedings are instituted challenging the judgment on conviction dated 14.01.2013 passed by ASJ-03(NE), Karkardooma Courts, Delhi arising out of SC No.115/10 in FIR No.24/08 registered under Section 307 IPC at P.S. New Usmanpur, Delhi whereby the appellant was convicted for an offence punishable under Section 307 IPC and vide order on sentence dated 15.01.2013, the appellant was directed to undergo RI for two years with a fine of Rs.5,000/-, in default of which, the appellant was directed to undergo RI for a period of six months. The benefit of Section 428 Cr.P.C. was granted to the appellant.

(2.) The facts of the prosecution case, as noted by the trial court, are:

(3.) After completing the investigation, a charge-sheet was filed. During the trial, the prosecution examined 15 witnesses. The complainant (estranged wife of the appellant) was examined as PW-2. Two independent witnesses, who were the neighbours i.e., Babloo and Rihana, were examined as PW-1 and PW-6 respectively. Dr. Parmeshwar Ram, who proved the MLC of the injured, was examined as PW-13. Dr. V. Shankar Narayanan, Sr. Scientific Officer (Biology) to prove the FSL report, was examined as PW-15. SI Naval Singh, the Investigating Officer was examined as PW-14.