JUDGMENT :

CHANDRASEKHARAN SUDHA, J.

1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973, (the Cr.P.C.), accused no.2 (A2) in SC No. 44559/2015 on the file of the Additional Sessions Judge-02 (North East), Karkardooma Courts, Delhi, assails the judgment dated 24.02.2018 and order on sentence dated 27.02.2018 as per which he has been convicted and sentenced for the offence punishable under Sections 308 , 341 and 323 read with Section 34of the Indian Penal Code, 1860 (the IPC ).

2. The prosecution case is that on 07.03.2014, at about 11:15 A.M., in Gali No. 1, New Mustafabad, Delhi, A1 and A2, wrongfully restrained PW1, and thereafter abused and assaulted him with a hard blunt object/iron rod, and struck him on his head, causing bleeding injuries. Hence, as per the charge-sheet/final report dated 30.05.2015, the accused were alleged to have committed the offences punishable under Sections 323 , 341 and 308 read with Section 34 IPC .

3. On the basis of Exhibit PW1/A FIS of PW1, given on 07.03.2014, Crime no. 264/2014, Gokul Puri Police Station, i.e., Exhibit PW7/B FIR was registered by PW7, the then Assistant Sub Inspector. PW9, Sub Inspector (SI) was entru