JUDGMENT (Oral)

1. This common judgment shall decide two criminal appeals bearing no.305/2022 and 315/2022 filed under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") to impugn the judgment dated 02.05.2022 and order on sentence dated 07.06.2022 passed by the Court of Shri Pooran Chand, Additional Sessions Judge-02 (West), Delhi (hereinafter referred to as the "trial court") in Sessions Case no. 57404/2016 arising out of FIR bearing no.0218/2009 registered at P.S. Moti Nagar under sections 324/34 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").

2. Briefly stated, the relevant facts are that Head Constable Bijender on 20.09.2009, after receipt of DD no. 3A, reached at DDU Hospital, where the complainant Rakesh Chhabra was found to be treated in operation theatre vide MLC no.19158/2009 and no eyewitness was found there. The MLC was kept pending for opinion and subsequently, the concerned doctor opined the injuries as dangerous. However, statement of the complainant/injured could not be recorded as he was unconscious due to medication. After the complainant/injured regained consciousness, his statement was recor