Anoop Kumar Mendiratta JUDGMENT
Anoop Kumar Mendiratta, J.
1. Appeal has been preferred under Section 374(2) read with Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order on sentence dated 26.08.2023 and 30.10.2023 respectively, whereby the appellant has been convicted under Section 308 IPC in FIR No. 477/2021 registered at PS: Shahbad Dairy, Delhi.
2. In brief, the law was set into motion vide DD No. 89A on 23.08.2021 followed by registration of FIR No. 477/2021, PS: Shahbad Dairy, Delhi under Section 308/34 IPC on the statement of Sunny (PW1), which culminated in filing of charge-sheet against appellant Suraj and co-accused Robin.
It may be noticed at this stage itself that co-accused Robin who was charge-sheeted along with the appellant was acquitted vide the impugned judgment.
3. As per the case of the prosecution, on 22.08.2021, injured Arjun (PW-2) received a call from appellant Suraj to meet him in Matke Wali Gali, Shahbad Dairy, Delhi. When Arjun reached Matke Wali Gali along with his friend/neighbour Sunny (PW-1/complainant), he was confronted by appellant on the issue of Arjun having proximity with his ex-girlfriend namely Monika. Arjun was further assaulted by appellant who was joined by two-three other associates including Robin. As Sunny raised alarm, appellant along with other co-accused fled from the spot. Arjun was removed to Dr. BSA Hospital, from wherein he was referred to Safdarjung Hospital. The information regarding the incident was reported to the police telephonically on the next day i.e. 23.08.2021 by sister of the injured (Neha/PW-5), which was entered vide DD No. 89A. Statement of Arjun was also recorded during course of investigation. Appellant was arrested on 08.02.2022 since he was lodged in JC in another case bearing e-FIR No. 3060/21 under Section 379/411 IPC, PS: K.N. Katju Marg, Delhi. Co-accused Robin was also arrested from Rohini Jail wherein he was lodged in case FIR No. 675/21, under Section 302 IPC, PS: Shahbad Dairy, Delhi. Charge was framed against appellant Suraj as well as co-accused Robin for the offences punishable under Section 308/34 IPC.
4. In support of the prosecution case, ten witnesses were examined. PW-1 complainant Sunny and PW-2 injured Arjun are the material witnesses relating to assault. PW-4 Subhash (father of injured) was examined to prove that Arjun had left about 09.00 PM on the date of incident and subsequently Arjun informed him regarding assault by appellant and Robin. It may be noticed at this stage itself that PW-4 was cross-examined on behalf of prosecution and declared hostile since he denied that Arjun had informed him that Robin was also involved in the assault. PW-5 Neha (sister/cousin of injured) was also examined to prove that Arjun had left on the date of incident along with his friend Sunny and also proved the photographs of Arjun taken after the assault at BSA Hospital.
PW-3 ASI Shri Chand, (Duty Officer), PW-6 ASI Surender Singh, PW-7 Dr. Pawan Chaudhary (Sr. Resident, Department of Neurosurgery, Safdarjung Hospital) and PW-10 Dr. Manu Tripathi (CMO, Dr. BSA Hospital) are formal witnesses. PW-8 HC Vijay Prakash and PW-9 ASI Rakesh Kumar were associated with investigation........