AMIT KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By the present appeal, the appellant challenges the impugned judgment dated 17th February 2016 convicting him for the offence punishable under Section 308 IPC in FIR No. 88/2013 registered at PS Burari and the order on sentence dated 25th February 2016 directing him to undergo rigorous imprisonment for a period of four years and to pay a fine of 5000/- and in default to undergo simple imprisonment for a period of three months.

(2.) Learned counsel for the appellant contends that the appellant has been falsely implicated due to enmity. Appellant himself appeared in the witness box and also led defence evidence which has not been considered by the learned Trial Court. He submits that in any case the sentence awarded to the appellant is harsh and the same be modified to the period already undergone.

(3.) Learned APP for the State on the other hand contends that the prosecution case is based on the cogent and reliable testimony of the complainant Satish. He was immediately removed to the hospital by his brother Ram Shyam whose testimony corroborates the version of the complainant. Version of the complainant is also corroborated by Narender Gaur and nothing has been put in the cross-examination to show that he was inimical towards the appellant.