KAWALJEET SINGH Vs. STATE

JUDGEMENT

(1.) By the two appeals, Monu and Kawaljeet Singh challenge the impugned judgment dated 21st April 2016 convicting them for the offence Crl.A.985/2016 & Crl.A.1123/2016 Page 2 of 6 punishable under Sections 307/34 IPC in FIR No. 45/2012 registered at PS Nihal Vihar and the order on sentence dated 4th May 2016 directing them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/- in default to undergo simple imprisonment for a period of 15 days.

(2.) Learned counsel for the appellants submits that the injured Rupinder in his cross-examination stated that on the intervening night of 9-10th March 2013 he was at the residence of complainant Baljinder and all of them consumed liquor heavily. Whereas in his MLC traces of alcohol have not been found. Rupinder and Mandeep Singh have both turned hostile on the point of identity of the accused persons. There being no evidence against the appellants, they be acquitted.

(3.) Per contra, Learned APP for the State submits that there are three injured persons namely Baljinder, Rupinder and Mandeep. The nature of injury of Mandeep is opined to be serious. There is no contradiction in the testimonies of the complainant and the other two injured persons. She further submits that the knife used in the commission of offence has also been recovered from Kawaljeet Singh.