STATE OF NCT OF DELHI Vs. PRADEEP KUMAR

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 7/6/2019 acquitting the respondent for offence punishable under Sec. 307 IPC, the State seeks leave to appeal.

(2.) The case of the prosecution is based on the statement of the victim/complainant who in his examination-in-chief recorded on 4/7/2018 stated that on 2/4/2017 when he had gone to market to purchase sweets and was returning home, at about 3.30 p.m. near Peeragarhi Camp, Paschim Vihar, respondent came in front of him and exhorted 'tu bhaut dada banta hai, aur mere upper chori ka jhuta naam lagata hai, aur tujhe aaj sabak sikhata hu'. It is alleged that thereafter, the respondent took out a poker (sua) and caused injuries with the same on the neck, back and right hand of the complainant. In the cross examination of the complainant recorded on 13/7/2018, the complainant stated that on 2/4/2017, he was working at Yamma Showroom at Meera Bagh and was on leave on that day. He had gone to Satsang at Ranhola on his scooty along with her grandmother at 10 a.m. and returned from the Satsang at 2.50 p.m. Thereafter, he went to take the sweets. The place of incident was crowded and he was attacked from the backside by some unknown person. Public persons gathered there and someone called at his home when his brother Sonu and friend Abhishek came to the spot and took him to the hospital. He further stated that he had compromised the matter with the respondent and thus, has given the said statement in view of the compromise arrived at between the parties. The MLC of the victim shows one single poker injury on the back of the neck, the width whereof, has not been given and multiple injuries are claimed, however, it is stated that one wound is there on the back side.

(3.) The only vital portion on which the injury has been inflicted is the back of neck. Neither the dimension of the said injury has been given nor has the effect of the injury has been shown. As per the doctor, the injuries are simple in nature.