Ashok vs State Nct Of Delhi
2014 Latest Caselaw 772 Del

$-16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  DECIDED ON : 10th FEBRUARY, 2014

+                 CRL.A. 419/2012 & CRL.M.B. 318/2014

       ASHOK                                              ..... Appellant

                             Through :   Mr.Vimal Puggal, Advocate.


                             versus

       STATE NCT OF DELHI                                 ..... Respondent

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

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

S.P.Garg, J. (Open Court)

1. Ashok (the appellant) was charge-sheeted for committing

offence under Section 308/34 IPC in Sessions Case No. 02/09 arising out

of FIR No. 407/08 PS Patel Nagar. Allegations against him were that on

02.10.2008 at about 09.00 P.M. near House No. 3025, Ranjit Nagar, New

Delhi, he along with his two associates Chand and Suraj (both juveniles),

in furtherance of common intention caused injuries to Pramod with a

wooden stick. Daily Diary (DD) No. 39 (Ex.PW-10/A) was recorded on

getting information from Police Control Room (PCR) at 10.10. P.M. at PS

Patel Nagar. PCR had taken the injured to Deen Dayal hospital for

medical examination. MLC (Ex.PW-9/A) was proved and the injuries on

the body of the victim were described as 'grievous'. The prosecution

examined as many as ten witnesses. In 313 statement, the appellant

pleaded false implication. The trial resulted in his conviction. By an order

dated 04.12.2010, the appellant was awarded RI for seven years with fine

` 5,000/-.

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

instructions stated at Bar that the appellant has given up challenge to the

findings of the Trial Court on conviction under Section 308/34 IPC and

accepts it voluntarily. He however, prayed to take lenient view as the

appellant has already undergone substantial period of the substantive

sentence awarded to him. Learned Addl. Public Prosecutor has no

objection.

3. Since the appellant opted not to challenge the findings of the

Trial Court on conviction in view of the categorical statements of PW-3

(Pramod), the victim and PW-4 (Poonam), victim's wife coupled with

medical evidence where the skull was found fractured, the conviction

under Section 308/34 IPC, stands affirmed. Nominal roll dated 18.03.2012

reveals that he has already undergone one year, eleven months and

eighteen days incarceration besides remission for six months and sixteen

days as on 26.03.2012. The total dentention period has gone to forty

months. The appellant has voluntarily offered to pay ` 30,000/- as

compensation to the complainant / victim for the injuries sustained by

him. Considering the period already undergone by him in this case and the

offer of payment of ` 30,000/- as compensation to the complainant /

victim, sentence order is modified and the period already suffered in

custody is taken as substantive sentence. Other terms and conditions of the

sentence order are left undisturbed. The appellant shall, however, deposit

` 30,000/- as compensation within 30 days in the Trial Court and this

amount shall be released to the complainant / victim - Pramod after due

notice.

4. The appeal stands disposed of in the above terms. Pending

applications also stand disposed of. Trial Court record (if any) be sent

back forthwith.

(S.P.GARG) JUDGE

FEBRUARY 10, 2014/tr