JUDGMENT

Sunita Gupta, J. Mohd.Idrish(appellant) challenges the correctness of the judgment dated 23.05.2013 of learned Additional Sessions Judge in Sessions case No.61/11 arising out of FIR No.115/10 P.S. Paschim Vihar u/s 304/324/34 IPC vide which he was held guilty for committing offence punishable u/s 304 Part II IPC and Section 324 IPC and Order on sentence dated 24.05.2103 vide which he was sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs.2,000, in default simple imprisonment for 15 days u/s 304 Part II IPC and rigorous imprisonment for 1 year u/s 324 IPC. Both the sentences were ordered to be run concurrently. Benefit of Section 428 Cr.P.C was given to the convict.

2. The gravamen of the prosecution case is that on 11.04.2010, Rakesh Kumar, son of Kundan Lal was going in a TSR to Rohini Sector 20 at about 11 p.m. When the TSR reached Behra Enclave underpass, Outer Ring Road at about 11.15 p.m. one motor cycle came from behind. Idrish was sitting on the pillion seat. After bringing the motor cycle near the TSR, accused Idrish threw acid on him, as a result of which he sustained burn injuries. Some of the substance also fell on the TSR driver who also