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IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, J.
Ashwani Kumar – Appellant
Versus
The State – Respondent
CRL.A. No. 155 OF 2016
Decided On : 25-05-2017
Recovery - Criminal Law - Arms Act, 1959, Section 307 IPC, Section 25 of the Arms Act - Section 307 IPC, Section 25 of the Arms Act - Summary of the acts and sections referenced and discussed by the court: The court discussed the admissibility of the recovery of the knife under Section 27 of the Indian Evidence Act and the nature of the injury in the MLC in relation to the offence punishable under Section 307 IPC. The court also considered the process of law set into motion, the charge sheet filed, and the evidence of the injured victim and the appellant. The court concluded that the injury found at the right chest of the victim was caused by the appellant, leading to the dismissal of the appeal.
Fact of the Case:
The appellant was convicted for offences punishable under Section 307 IPC and Section 25 of the Arms Act. The case involved the recovery of a knife, the nature of the injury, and the process of law set into motion. The injured victim's testimony and the appellant's actions were central to the case.
Finding of the Court:
The court found no infirmity in the impugned judgment of conviction and the order on sentence, concluding that the injury found at the right chest of the victim was caused by the appellant.
Issues: The issues included the admissibility of the recovery of the knife, the nature of the injury, and the appellant's liability to be convicted for the offence punishable under Section 307 IPC or 326 IPC.
Ratio Decidendi: The court concluded that the injury found at the right chest of the victim was caused by the appellant, and rejected the plea to convert the conviction to under Section 326 IPC.
Final Decision: The appeal was dismissed, and a copy of the order was sent to the Superintendent Central Jail Tihar for updation of the Jail record.
1. Convicted for offences punishable under Section 307 IPC and Section 25 of the Arms Act, 1959, Ashwani Kumar challenges the impugned judgment dated 31st October, 2015 and the order on sentence dated 23rd November, 2015 directing him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/- for offence punishable under Section 307 IPC and rigorous imprisonment for a period of two years for offence punishable under Section 25 of the Arms Act.
2. Assailing the conviction, learned counsel for Ashwani Kumar submits that the recovery of knife is highly improbable and is not admissible under Section 27 of Indian Evidence Act. The alleged recovery of knife is also not admissible because it was recovered from an open place accessible to all and sundry and this fact has been admitted by PW-10 Constable Anil Kumar in his testimony. Reliance is placed upon the decision of Division Bench of this Court reported as 2014 SCC OnLine Del 7126 Heera Lal @ Heera v. State of NCT of Delhi. It was further submitted that nature of injury cannot be ascertained when there is no mention about the dimension of the injury in the MLC. Mere mentioning of 'grevious' in the MLC without dimension is not enough to convict the appellant for offence punishable under Section 307 IPC. The arrest of Ashwani Kumar is also doubtful. Hence the appellant be acquitted.
3. Learned APP for the State on the other hand submits that the impugned judgment of conviction and order on sentence suffer from no illegality. Appellant was apprehended at the spot. The knife was recovered from the heap of garbage.
4. Process of law was set into motion on 23rd September, 2013 when three DD entries were received at PS Hauz Khas. DD No. 50A received at 11:35 P.M. stated about a quarrel at C-106, Panchsheel Park which was assigned to PW-9 Constable Pritam. DD No. 56A was also received at 11:35 P.M. informing about a quarrel near Verma Paranthewala behind AIIMS which was assigned to PW-14 SI Babu Ram. DD No. 57A was received around 11:40 P.M. informing that the caller has been stabbed by a knife by some boys behind Sudarshan Cinema at Gautam Nagar. The said entry was assigned to PW-8 HC Harkesh. When PW-14 SI Babu Ram along with PW-9 Constable Pritam reached the spot at Gautam Nagar, they found the injured Keshav Saini PW-1 with an injury on the right side of his chest. Keshav pointed out towards the two boys on the motorcycle who had assaulted him with a knife. On seeing the police, those two boys tried to flee away however, they were apprehended by the police. In the meantime, Keshav was sent to AIIMS hospital for medical examination. Names of the two boys were revealed as Ashwani Kumar and Manish Tiwari. Both the accused persons were also taken to the hospital for medical examination. FIR No. 398/2013 was registered under Sections 307/34 IPC at PS Hauz Khas on the statement of SI Babu Ram. Motor cycle bearing No. DL3S BZ 8866 was seized by SI Babu Ram. Blood stained clothes of Keshav and blood sample of accused persons were sent to FSL for analysis. Weapon of offence i.e. buttondar knife was recovered at the instance of Ashwani Kumar.
5. Charge sheet was filed for offences punishable under Section 307/34 IPC and Section 25 Arms Act. Charge was also framed against Ashwani Kumar and Manish for offence punishable under Section 307 read with Section 34 IPC and against Ashwani Kumar for Section 25 of the Arms Act also. By the impugned judgment, co-accused Manish was acquitted. Thus, this Court is only concerned with Ashwani Kumar.
6. Keshav deposed that on 1st September, 2013, he had left his office at Nehru Place around 9:00/9:30 P.M. after which he went to Sunil Nursing Home, Malviya Nagar along with his colleague for her check up. After dropping her at her residence, when he was on way to his home, around 11:00/11:30 P.M., he reached Nale Wala Road, Yusuf Sarai, near Verma Paranthewala in his car i.e. Swift Desire white colour bearing registration no
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