The central legal point established is the reliance on consistent and credible testimony, medical opinion, and socio-economic factors in determining the guilt and sentencing of the appellants.

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 recorded at the hospital by HC Bijender. Thereafter, HC Bijender prepared rukka on the basis of the statement of the complainant/injured and FIR bearing no.0218/2009 dated 20.09.2009 was got registered under section 324/34 IPC at P.S. Moti Nagar. Both the accused (hereinafter referred to as the "appellants") were arrested and released on bail. The weapon of offence could not be recovered. Since the nature of injuries was opined by the concerned doctor as dangerous, the offence punishable under section 326 IPC was also added. The appellants were searched after addition of offence punishable under section 326 IPC by ASI Surat Singh, who was afterwards entrusted with subsequent investigation. ASI Surat Singh recorded the supplementary statement of the complainant/injured and offence punishable under section 326 IPC was converted to section 307 IPC. ASI Surat Singh completed other formalities of the investigation and after completion of the investigation, chargesheet was filed for the offence punishable under sections 307/34 IPC. The case was committed to the Court of Session. The charges for the offence punishable under sections 307/34 IPC were framed against both the appellants vide order dated 23.05.2013 to which, they pleaded not guilty and claimed the trial. The prosecution examined 11 witnesses including the complainant/injured Rakesh Chhabra as PW-2, Surender Singh@Bittu as PW-3, the Investigating Officer ASI Bijender Singh as PW-4 and the concerned doctors as PW-7 and PW-14. After completion of the prosecution evidence, the statement of the appellants was recorded under section 313 Cr.P.C. wherein, they pleaded innocence and denied all the incriminating evidence against them. The appellants preferred not to lead defence evidence.

3. PW-2 the complainant/injured supported the case of the prosecution and deposed that on 19.09.2009 at about 09.00 PM, he along with Surender Singh@Bittu i.e. PW-3, had gone to Priyanka Tower, Basai, Dara Pur and at about 10.20 PM, he left Surender Sing@Bittu in front of Priyanka Tower. PW-2 the complainant/injured was turning his car back, in the meantime, the appellants accompanied by 2-3 persons came there and started to abuse PW-2 the complainant/injured. The appellant Vipin Kumar@Billa stabbed in abdomen of the PW-2 the complainant/injured while the appellant Gaurav@Rahul stabbed in head of the PW-2 the complainant/injured with a sharp object. PW-2 the complainant/injured was also given kicks and fist blows by the associates of the appellants. PW-3 Surender Singh@Bittu reached at the spot after alarm being raised by PW-2 the complainant/injured. The appellants ran away from the spot. PW-2 the complainant/injured was removed to the hospital, where his statement Ex.PW-2/A was recorded. PW-3 Surender Singh@Bittu did not s