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2014 Supreme(Del) 1678

S.P.GARG
Ranjeet Bihari – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Appellant:R.S. Mahla, Advocate.
For the Respondent: Lovkesh Sawhney, APP.

Judgment :

S.P. Garg, J.

1. Challenge in this appeal is to a judgment dated 07.03.2012 in Sessions Case No. 136/2011 arising out of FIR No. 40/2009 PS Maurya Enclave by which the appellant – Ranjeet Bihari was convicted under Section 307 IPC and Section 27 Arms Act. By an order dated 17.03.2012, he was awarded RI for seven years with fine Rs.2,000/- under Section 307 IPC and RI for two years with fine Rs.1,000/- under Section 27 Arms Act. Both the sentences were to operate concurrently.

2. Briefly stated, the prosecution case as reflected in the chargesheet was that on 24.01.2009 at about 06.30 P.M. at LD Block, Maurya Enclave, Pitampura, Delhi, the appellant in furtherance of common intention with his associate Nasiruddin @ Guddu (since acquitted) inflicted injuries to Akhilesh in an attempt to murder him. The police machinery swung into action on getting information about the incident at 09.30 P.M. and Daily Diary (DD) NO. 25A was recorded. The investigation was entrusted to HC Satveer who with Const.Satyender went to the spot. ASI Vinod Kumar after taking over the investigation lodged First Information Report after recording Ajay’s statement (Ex.PW-1/A). In the complaint, Ajay (















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