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2014 Supreme(Del) 2901

S.P.GARG
Sachin Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates:
For the Petitioner:Mr.Sunil Upadhyay, Advocate.
For the Respondents: Mr.M.N.Dudeja, APP.

JUDGMENT :

S.P.GARG, J.

1. Sachin Kumar (the appellant) challenges conviction under Section 307 IPC by a judgment dated 23.09.2011 of learned Addl. Sessions Judge in Sessions Case No. 34/11 arising out of FIR No. 137/2009 PS Kapashera. By an order dated 27.09.2011, he was sentenced to undergo RI for five years with fine Rs.20,000/-.

2. Allegations against the appellant as set up in the charge-sheet were that on the night intervening 30.06.2009 and 01.07.2009 at about 01.15 A.M. at Budha Hospital, Gali No.2, High Tension Wali Gali, Kapashera, New Delhi, he and his associate – Bablu (not arrested) inflicted injuries to Krishan Mohan by firing at him in an attempt to murder. Information about the occurrence was conveyed to the police and Daily Diary (DD) No.3A (Ex.PW-1/A) was recorded at 01.21 (night). DD No.4A (Ex.PW-1/B) recorded at 02.40 (night) at PS Kapashera on getting information about the incident from PCR. The Investigating Officer lodged First Information Report after recording complainant – Krishan Mohan’s statement (Ex.PW-4/A). Statements of the witnesses conversant with the facts were recorded. On 08.07.2009, the appellant surrendered in the Court and was arrested. After com




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