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2014 Supreme(Del) 426

S.P.GARG
Rashid @ Raju Mental – Appellant
Versus
State of The NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Saahila Lamba, Advocate.
For the Respondent: Lovkesh Sawhney, APP.

Judgment :

S.P. Garg, J.

1. This appeal has been preferred by Rashid @ Raju Mental to challenge the legality of a judgment dated 26.05.2012 in Sessions Case No. 67/11 arising out of FIR No. 324/09 PS Govind Puri by which he was held perpetrator of the crime under Section 307 IPC and 25/54/59 Arms Act. By an order dated 28.05.2012, he was awarded RI for ten years with fine Rs.10,000/- under Section 307 IPC and RI for two years with fine Rs.5,000/- under Sections 25/54/59 Arms Act.

2. Allegations against the appellant were that on 19.08.2009 at about 08.30 P.M. in a park near Gali No. 25, near Masjid, Tughlakabad Extension, he inflicted injuries to Asfaq Ahmad by a knife. The police swung into action after getting information about the stabbing incident inside the park and Daily Diary (DD) No. 30A (Ex.PW-6/A) was entered at 09.49 P.M. at PS Govind Puri. The investigation was assigned to SI Sahi Ram who with Const. Manoj went to the park and found complainant – Asfaq Ahmad lying injured there. He was taken in a TSR to Trauma Centre, AIIMS and admitted there. The Investigating Officer lodged First Information Report after recording complainant – Asfaq Ahmad’s statement (Ex.PW-2/A). On 21.









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