A.K. Chawla JUDGMENT
A.K. Chawla, J.
1. By the instant Regular Appeal under Section 374 Cr.P.C., the appellant assails the judgment dated 14.12.2009 passed by the ld. ASJ (West-04), where-under, the appellant has come to be convicted for the commission of the offence under Section 307 IPC and vide the impugned order on sentence dated 06.01.2010 sentenced to 4 years RI and fine of Rs. 10,000/- ID 3 months SI while extending the benefit under Section 428 Cr.P.C.
2. Facts giving rise to the trial of the offence, for which the appellant faced trial, can be put in brief.
On 20.08.2002 at 4.00 P.M., on the receipt of information given by Ct. Bhim Singh from Hindu Rao Hospital that Ashok s/o Bhagirath was admitted in the hospital in the injured condition, DD No. 51-B dated 20.08.2002 was recorded at PS Model Town and on the receipt thereof, SI Pramod Gupta along with Ct. Shakeel went to the hospital and on collection of the MLC, the doctor declared the injured to be unfit for statement. As per the MLC, seven injuries with sharp edge weapon were found on the person of the injured Ashok. Injury no. 3 was stated to be on the neck. Thereafter, SI Pramod Gupta prepared the rukka for registration of the FIR giving the date and time of the occurrence of the incident as 20.08.2002 at 3.30 P.M., and the place of occurrence to be 206, Rajpura, Gurmandi, Delhi. On this, FIR No. 503/2002 PS Model Town came to be registered at 7.30 P.M. On the next day i.e. 21.08.2002, on the injured being declared fit for statement, his statement under Section 161 Cr.P.C., came to be recorded by the IO. According to the prosecution, the appellant had assaulted injured-Ashok Rao PW 8 with a knife in order to commit his murder. Motive attributed was a dispute in relation to a money transaction. Appellant was charged for the offence under Section 307 r/w 34 IPC. To prove its case prosecution examined PW 1 Ct. Rajesh Kumar; PW 2 Ct. Shakeel Ahmed; PW 3 Sh. Prem Sharma (Photographer); PW 4 HC Todar Singh; PW 5 HC Mulakh Raj; PW 6 SI Pramod Gupta; PW 7 Dr. Sanjay Kumar; PW 8 Sh. Ashok Rao; PW 9 Ct. Bhim Singh; another PW 9 HC Krishan Pal; PW 10 ASI Virender Singh; and, PW 11 Dr. R.M. Sahai and closed PE. Incriminating evidence was put to the appellant in his statement under Section 313 Cr. P.C. In his statement, he stated for having been falsely implicated by PW 8 Ashok Rao and sought to lead DE but did not lead any DE inspite of the opportunities granted. Vide the impugned judgment, the appellant came to be convicted of the commission of the offence under Section 307 IPC and was sentenced vide the impugned order on sentence.
3. As per the grounds of appeal, the Trial Court erred in appreciating the facts and the law in returning the finding of conviction and the sentence. To assert so, the appellant seeks advertence to the statement of the injured recorded under Section 161 Cr.P.C., and his deposition before Court to point out contradictions inter alia as regards the quantum of loan allegedly borrowed by him from the injured. As for the injuries sustained by the injured, the plea of the appellant is that these were self-inflicted in order to escape the charge of attempt to commit rape on his wife. Simultaneously, the appellant also asserts that he had also sustained injuries, when he tried to defend himself from the knife blows by the injured-Ashok R........