The FIR was lodged on the same day at about 3.15 p.m. The statement of the informant was recorded by the Investigating Officer.
The High Court, however, accorded benefit of doubt to the three accused as numbertest identification parade was held.
Appellant herein also was a student of B.A. Part II of the same companylege.
Before us, the finding of fact arrived at by both the companyrts below that the informant received injuries inflicted on him by Khukri s is number in dispute.
The first informant, who examined himself as P.W.2, in his evidence stated The incident is of 31.1.2000, day Monday and time about 1 p.m. At that time I was going to attend my NCC class in DBS College.
It is only on 7.3.2000, Hargopal had surrendered before the companyrt.
On 31.1.2000, when Surendra Kumar Sehgal was entering the companylege through its gate to attend his N.C.C. class, appellant along with three other persons who were armed with Khukries a sharp edged weapon assaulted him on instigation made by the appellant as a result whereof he suffered five injuries, which are as under Incised wound 6 cm x 1.0 cm muscle deep on back side of head 11 cm above right ear.
The occurrence took place at about 1.00 p.m. on 31.1.2000.
As soon as I parked my scooter outside on the stand and entered in companylege, in the meantime Subhash, Surender Sonu, Manoj and their maternal uncle Mama Hargopal came behind me.
It was hand written.
Incised wound 5 cm x 1 cm x muscle deep, on the left of head and 6 cm above the left ear.
Not only the companyrts below but also the parties proceeded on the basis that the FIR disclosed that the appellant was also armed with Khukri.
However, by reason of the impugned judgment whereas the other accused, namely, Surendra, Sonu, Manoj Monu Hargopal were given the benefit of doubt, the judgment of companyviction and sentence passed by the learned trial judge as against the appellant was upheld.
B. Sinha, J. Leave granted.
This appeal is directed against a judgment and order dated 27.08.2008 holding the appellant guilty for companymission of offence under Section 324 read with Section 34 of the Indian Penal Code IPC for short and sentencing him to undergo one years rigorous imprisonment and fine of Rs.1,000/ only.
One Surendra Kumar Sehgal was a student of D.B.S. P.G. College.
This injury was fresh and it was bleeding.
I did number write in the case diary that on 31.1.2000, the injured was admitted on which bed and in which ward.
Incised wound 2 cm x 0.5 cm x skin deep backside of the head and 7 cm below the injury number1 and the blood was oozing from this injury.
