S.P. GARG, J.

1. Present appeal is directed against the judgment dated 08.12.2015 of learned Additional Sessions Judge in Sessions Case No.06/15 arising out of FIR No.705/14 registered at Police Station Welcome whereby the appellant-Manoj Kumar was held guilty for committing offence punishable under Section 308 IPC. By an order dated 9.12.2015, he was sentenced to undergo Simple Imprisonment for five years with fine Rs. 25,000/-.

2. Briefly stated, the prosecution case, as set up in the charge-sheet, was that on 4.12.2014, at about 10.15 p.m. at Gali No.2, Subhash Park, near Namkeen Chowk, the appellant inflicted injuries to Manish with an intention to commit the offence of culpable homicide. On receipt of information, Daily Diary (DD) No.53B (Ex.PW8/E) came into existence at 10.32 p.m. at Police Station Welcome. The Investigating Officer after recording statement of the victim’s brother Manoj Kumar (Ex.PW-1/A) lodged First Information Report. Statements of the witnesses conversant with the facts were recorded. The victim Manish was taken to Guru Teg Bahadur Hospital, Shahdara, for medical examination. The accused was arrested. Upon completion of investigation, a charge-she