The severity of the injuries and the evidence presented are crucial in determining the conviction under Section 307 of the IPC, and the Appellate Court has the power to enhance the sentence if necessary.

INDERMEET KAUR, J.

1. This appeal is directed against the impugned judgment and order on sentence dated 07.6.2013 and 09.7.2015 respectively wherein the appellant stands convicted under Section 307 of the IPC. He has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.5,15,000/- in default of payment of fine to undergo RI for 6 months. Out of which Rs.5,00,000/- was to be released to the victim as compensation.

2. Nominal roll of the appellant reflects that as on date he has completed incarceration of almost 7 years.

3. The version of the prosecution was unfolded in the testimony of the victim who has been examined as PW-4 (SO). She was an adult aged about 18-19 years on the date of the offence. She was working as a CS trainee in the HBN Group of Companies. The appellant was living nearby. He was known to her since her third year of college. She was continuously harassed by him for many days by making calls at her mobile. He also used to come to her office stating that he was in love with her. She told him that she was not interested in him and requested him to stop harassing her but this was of no avail. On 04.9.2009 at about 6.00 p.m. she left the office for returning to home at RZ 230, Raghu Nagar, Pankha Road, Delhi. When she reached District Park Janakpuri the appellant came from behind and stopped her; she was on foot. He had a Chinese chopper in his hand. He gave chopper blows on different parts of her body; she fell down; she became unconscious. She was taken to the DDU hospital. A complaint was lodged.

4. Victim was subjected to a lengthy cross-examination. In her cross-examination, she admitted that she came to Delhi in December, 2008 for her CS training. She denied the suggestion that she lived with the accused or had a friendly relationship with him or she wanted to marry him. She admitted that appellant’s friends Bhanu, Sunil and Randheer Ojha were living with the accused. She stated that she used to tie Rakhi to Bhanu. She admitted that she stayed in a rented accommodation where Bhanu was also living at Savitri Nagar. She knew that Bhanu is the cousin of the appellant. In another part of her cross-examination she admitted that through an ATM account a sum of money was deposited in her account.

5. Vehement submission of the learned counsel for the appellant is that the parties were friendly and in love with one another that is why the family of the appellant deposited money in her account.

6. The injuries suffered by the victim were described by Dr. Alok, Senior Resident (Emergency) (PW-5). These injuries read as under:

1.CLW Middle ring finger left 3-4x2x1cm

2.CLW D 5-6 x 2.5x2 cm left forearm middle 1/3

3.CLW right left 5-6 x2x2 cm upper 1/3

4.CLW 15-20 cm x 6x2cm over left thigh groin area

5. Near total amputation right forearm from elbow

6. CLW almost total amputation with transverse resaction of humerus right.

7. CLW 15-20 cm x 6 x 2 cm in the left thigh groin area and injury on her arms which had led to amputation of her right forearm from elbow are grievous injuries at vital parts of her body.

8. Submission of the learned counsel for the appellant that these injuries were not at the vital parts of the victim and thus the offence under Section 307 of the IPC is not made out is negatived by this document.

9. Dr.B.N.Mishra (PW-6), Medical Officer from Department of Forensic Medicine, DDU Hospital had also examined the weapon of offence which has been used to attack the victim and which had been seized from the appellant. It was a chopper made of steel with one edge blunt and other was sharp having monogram of “SHOAI FENG” which had a Chinese blade. The opinion of PW-6 after examination of this weapon evidenced that the injuries in fact had been caused by this chopper and injuries 2 to 6 even individually were sufficient to cause death as it was followed by haemorrhage.

10. Dr. Deepak Vats (PW-9) of the Apollo Hospital had also brought the treatment papers of the victim. It w