SUNIL Vs. STATE

JUDGEMENT

(1.) By the present appeal, Sunil challenges the impugned judgment dated 9 th December, 2014 convicting him for the offence punishable under Section 307 IPC in FIR No. 56/2013 registered at PS Haus Qazi and the order on sentence dated 18th December, 2014 directing him to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 307 IPC.

(2.) Process of law was set into motion on 7 th April, 2013 when SI Shri Kishan along with Ct. Prakash reached Chatta Shahji, Chawri Bazaar pursuant to information received vide DD No.24A and 25A. On reaching the spot, they found shop no. 2356 closed and came to know that the injured had been taken to JPN Hospital. He went to the hospital and collected the MLC of the injured wherein the doctor opined that he was unfit for statement.

(3.) On 8th April, 2013 SI Shri Kishan along with Ct. Prakash recorded the statement of the injured after he was declared fit for statement. Vikas Awasthi stated that he used to run a cold drinks and sweet Shop No. 2356 at Chhata Shahji, Chawri Bazaar. At about 7:00 P.M., when he was present at his shop one person namely Sunil, came to his shop and asked him for a cold drink bottle. Since Sunil had not cleared his previous dues, he asked him to first clear his earlier dues for the cold drink. On asking for money, Sunil started abusing him. When he refused to give the cold drink to Sunil, he entered into a scuffle and threatened him with dire consequences. Sunil then picked up an empty bottle of Pepsi, broke it into half and hit him with it on the left side of his stomach. On seeing blood oozing out from his stomach, Sunil threw the bottle in his shop and ran away. Thereafter, his friend Sunil Kanojia took him to the hospital. On the basis of the aforesaid statement (Ex.PW-1/A), FIR No. 56/2013 (Ex.PW-9/A) was registered for the offence punishable under Section 307 IPC at PS Haus Qazi.