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2016 Supreme(Del) 2269

S.P.GARG
Naim Ali – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Tarun Khanna, Mr. Hemant Singh
For the Respondent: Mr. Raghuvinder Varma

JUDGMENT :

S.P. Garg, J.

1. The instant appeal has been preferred by the appellant – Naim Ali to challenge the legality and correctness of a judgment dated 15.07.2014 of learned District & Sessions Judge in Sessions Case No.70/2013 arising out of FIR No.169/2013 PS Mayur Vihar by which he was held guilty for committing offences punishable under Sections 307/506 IPC. By an order dated 16.07.2014, he was sentenced to undergo RI for five years with fine Rs. 20,000/- under Section 307 IPC and RI for two years with fine Rs. 5,000/- under Section 506 IPC. Both the sentences were to operate concurrently.

2. Briefly stated, the prosecution case as unfolded in the charge-sheet was that on 14.05.2013 at around 05.00 p.m. at backside of Parwana Apartments, Mayur Vihar-I, Delhi, the appellant inflicted injuries to Tahir in an attempt to commit murder; he also criminally intimidated the complainant. Daily Diary (DD) No.31A (Ex.PW-1/A) came into existence at 17.35 hours at Police Station Mayur Vihar on getting intimation from Duty Const.Pradeep at LBS Hospital about admission of one Tahir stabbed by a knife by an unknown person in the hospital. After recording Tahir’s statement (Ex.PW-2/A), the Inv









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