Rajesh @ Jangali vs State
2013 Latest Caselaw 5187 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                             RESERVED ON : 8th October, 2013
                             DECIDED ON : 12th November, 2013

+      CRL.A. 412/2003

       RAJESH @ JANGALI
                                                            ..... Appellant
                          Through : Mr.Sumeet Verma, Advocate with
                                 appellant present in person.

                          versus

       STATE
                                                           ..... Respondent
                          Through : Mr.M.N.Dudeja, APP.

        CORAM:
        MR. JUSTICE S.P.GARG

S.P.GARG, J.

1. The present appeal has been preferred by Rajesh @ Jangali to

challenge a judgment dated 13.05.2003 whereby in case FIR No.36/2002

registered at Police Station Kalkaji, he was convicted for committing

offence punishable under Section 307 IPC and sentenced to undergo

Rigorous Imprisonment for five years with fine.

2. Allegations against the appellant were that on 07.01.2002 at

about 07.30 P.M. after committing criminal trespass in Jhuggi No.C-149,

Dr. Ambadkar Camp, Nehru Place, he inflicted injuries to Rohtash with a

churi in an attempt to murder him. The prosecution examined nine

witnesses to prove the charges. In 313 statement, the appellant pleaded

innocence and examined four witnesses in defence. The Trial Court after

considering the rival contentions of the parties and evidence of the

prosecution held him guilty under Section 307 IPC.

3. During the course of arguments, appellant's counsel, on

instructions, stated at Bar that the appellant has opted not to challenge the

findings of the Trial Court on conviction under Section 307 IPC. He,

however, prayed to take lenient view as the appellant has already suffered

the ordeal of trial/appeal for about ten years and remained in custody for

about three and a half years. Learned Additional Public Prosecutor has no

objection to consider the mitigating circumstances to modify the

sentence/order.

4. Since the appellant has given up challenge to the findings and

there is overwhelming evidence of the injured coupled with medical

evidence, the conviction under Section 307 IPC is affirmed. Rajesh @

Jungli was awarded rigorous imprisonment for five years with fine

`1,000/-. Nominal roll dated 16.08.2005 reveals that he remained in

custody for two years, seven months and two days as on 15.08.2005

besides earning remission for eight months and five days. He secured

release after two months due to inability to furnish the surety bonds. His

overall jail conduct was satisfactory and was not involved in any serious

criminal case. The occurrence pertains to the year 2002 and appellant's

involvement in any other similar offence did not surface thereafter. He

was aged about 20 years on the day of incident. The occurrence took

place on a trivial issue when the injured had allegedly insulted the

appellant's mother by passing unwanted remarks on the previous day of

the incident which infuriated the young appellant and went to challenge

the victim for the ill-treatment given to his mother. In a heat of moment

without pre-mediation, he injured Rohtash only and did not attempt to

harm his brother Surinder, present in the house. Taking into consideration

the mitigating circumstances, the sentence order is modified and the

appellant is sentenced to undergo the period already spent by him in this

case. He shall, however, pay fine of `1,000/- (if remained unpaid) and

shall also deposit `30,000/- as compensation to be paid to the victim in the

Trial Court within 15 days. The Trial Court shall release the

compensation to the victim after due notice.

5. The appeal stands disposed of in the above terms. A copy of

the order be sent to Jail Superintendent, Tihar Jail for information. Trial

Court record along with a copy of this order be sent back forthwith.

(S.P.GARG) JUDGE November 12, 2013 sa