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2017 Supreme(Del) 1891

I.S.MEHTA
MAHESH CHAND – Appellant
Versus
STATE – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Mukesh Kr. Singh, Adv. Mr.Amar Nath, Amicus Curie with Mr.Love Deep Gaur, Adv.
For the Respondent: Mr.Raghuvinder Varma, APP with ASI Rajbir Singh

JUDGMENT :

I.S.MEHTA, J :

1. The instant appeal is arising out of the judgment dated 30.08.2016 and order on sentence dated 31.08.2016 wherein the appellant-Mahesh Chand was convicted for committing offences punishable under Sections 307/34 IPC. Aggrieved by the said judgment and order on sentence, the appellant- Mahesh Chand has preferred the instant appeal.

2. Briefly facts stated are that on 12.06.2014, on receiving information vide DD No.27-A, ASI Rajbir Singh reached at the spot at X-256, Camp No.1, Nangloi, Delhi, pertaining to quarrel and inquired about the same. On inquiry it was revealed that injured was shifted to hospital where he collected the MLC of the injured Inderpal. IO met father of the injured namely Nanak Chand who is stated to be the eye witness of the incident and his statement was recorded. On the basis of statement of witnesses, FIR No.402/2014, under Sections 307/34 IPC was registered. During the course of investigation, the appellant was arrested and got recovered the weapon of offence. After completion of the investigation, charge sheet was filed under Section 307/34 IPC. After filing the charge sheet, prosecution examined 14 witnesses in order to prove its










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