- (1.)The appellant- Sajid Alam challenges a judgment dated 08.06.2011 of learned Additional Sessions Judge in Sessions Case No. 16/2010 arising out of FIR No. 49/2009 PS Paharganj by which he and his associate Moinudin @ Chhotu were held guilty for committing offence punishable under Section 307/34 IPC. By an order dated 07.07.2011, the appellant was sentenced to undergo RI for six years with fine Rs. 10,000/- and failing to pay the fine to undergo SI for six months.
(2.)Allegations against the appellant were that on 04.03.2009 at 11.00 P.M. at Chitragupta Road, the appellant- Sajid Alam and his associate- Moinudin @ Chhotu attempted to kill Ashfaq Alam. Moinudin threw acid on him and Sajid Alam stabbed him with knife. After completion of the investigation, a charge-sheet was submitted against both the accused persons and they were duly charged and brought to Trial. The prosecution examined fourteen witnesses to establish the guilt of the appellant. After appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held the present appellant- Sajid Alam and Moinudin perpetrators of the crime. Being aggrieved, the appellant- Sajid Alam has preferred the appeal.
(3.)During the course of arguments, learned counsel on instructions from the appellant- Sajid Alam stated that the appellant has opted not to challenge the conviction under Section 307/34 IPC. He however, prayed for modification of the order on sentence as the appellant has already undergone more than three years sentence.