ABDUL REHMAN @ GHOSHU Vs. STATE

JUDGEMENT

(1.) On the basis of report (charge sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted upon conclusion of investigation into first information report (FIR) No.1087/2014 of Police Station Jahangir Puri, the appellant herein was put on trial in the court of Sessions (new Sessions Case No.58507/2016 and Old No.57/2015) on the charge for offences punishable under Sections 307 and 201 of Indian Penal Code, 1860 (IPC), the gravamen whereof was that on 21.12.2014 at about 9:00p.m. in the area described as public street in CD Park, Jhuggi No.38A-77 in front of Sabri Langar, he had intentionally caused knife injury in the lower abdomen of Fazlu (PW-3) with the intention and knowledge and under such circumstances that if the said injury had resulted in death of Fazlu, he would have been guilty of committing the offence of murder and subsequently committed certain acts of commission by throwing his own bloodstained clothes and the weapon of offence (knife) into a moving motor vehicle (tempo) with the intention of causing the evidence to disappear so as to screen himself from legal punishment.

(2.) The court of sessions, upon conclusion of the trial, rendered its judgment on 15.12.2017 finding the appellant guilty, as charged, and thereafter by order dated 20.12.2017 awarded punishment in the form of rigorous imprisonment for seven years with a fine of Rs.15,000/- for offence under Section 307 IPC and rigorous imprisonment for two years with fine of Rs.10,000/- for offence under Section 201 IPC, directing that, in the event of default in payment of fine, he would further undergo simple imprisonment for six months and five months respectively, both the substantive sentences having been directed to run concurrently, the benefit of set off in terms of section 428 Cr.P.C. also extended.

(3.) Feeling aggrieved by the judgment returning the finding of guilty and convicting him and the order on sentence meting out the punishment as stated above, the present appeal has been filed, the prime submission of the appellant being that he has been falsely implicated, there being no role on his part in inflicting any injuries to PW-3 Fazlu (the victim), the evidence of said person being intended with a design to falsely frame him, the injuries suffered by him being self-inflicted.