Vijender @ Bhatti vs State
2013 Latest Caselaw 4434 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                               DECIDED ON : 26th September, 2013

+                              CRL.A. 332/1999


       VIJENDER @ BHATTI                               ..... Appellant
                         Through : Mr.Deepak Tyagi with Mr.Anis
                                   Hashmi, Advocates.

                         VERSUS

       STATE                                           ..... Respondent
                         Through : Mr.M.N.Dudeja, APP for the State.
CORAM:
MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. Vijender @ Bhatti (the appellant) was convicted under

Section 307 IPC by a judgment dated 27.02.1999 arising out of FIR

No.267/1995 registered at Police Station Mandir Marg for attempting to

murder Rakesh on 23.07.1995 at 04.30 P.M. on the roof of House No.36,

Lady Harding Compound. The prosecution sent Vijender @ Bhatti and

Vinod Kumar @ Tinku for trial. However, on appreciating the evidence

and after considering the contentions of the parties, the Trial Court

acquitted Vinod Kumar of all the charges. The appellant was sentenced to

undergo RI for four and a half years with fine `2,500/-. Being aggrieved

Vijender @ Bhatti has preferred the appeal.

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

instructions, stated at Bar that the appellant has accepted his conviction

under Section 307 IPC voluntarily and opted not to challenge it. Prayer

was made to modify the sentence order as the appellant has already served

the substantial portion of the substantive sentence.

3. Since the appellant has accepted the conviction under Section

307 IPC voluntarily and there is overwhelming evidence in the statement

of PW-1(Rakesh), the victim and PW-8 (Mohan @ Akkar), the conviction

under Section 307 stands affirmed. The appellant was sentenced to

undergo RI for four and a half years with fine `2,500/-. Nominal roll

dated 09.02.2011 reveals that he has already undergone 02 years, 10

months and 11 days incarceration as on 16.09.1999. He also earned

remission for 25 days. He has clean antecedents and is not involved in any

other criminal case. He is the first offender and overall conduct in jail

was satisfactory. No criminal involvement surfaced in any case after his

release on bail on 16.09.1999. He has suffered the agony of trial/appeal

for about 18 years. At present he is in service with De-Addiction Centre.

He is HIV (+ve) and is a cancer patient getting treatment at Safdarjung

Hospital for which necessary documents have been placed on record. The

complainant-Rakesh exonerated co-accused Vinod Kumar @ Tinku and

did not attribute any role to him. Taking into consideration all these

mitigating circumstances, the sentence order is modified and the appellant

(Vijender @ Bhatti) is ordered to be released for the period already

undergone by him in this case. He shall pay `2,500/- imposed as fine (if

not paid so far) before the Trial Court within 15 days.

4. The appeal stands disposed of in the above terms. Trial Court record be sent back forthwith.

(S.P.GARG) JUDGE September 26, 2013 sa