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2019 Supreme(Del) 2073
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri, J.
Mohd Anis - Appellant
Vs.
State - Respondent
Criminal Appeal No. 229 of 2013
Decided On : 27-08-2019
Vidur, Adv., Apurv, Adv., Sanjeevni Mittal Jain, Adv., Kusum Dhalla, Adv.
The testimony of an injured witness is accorded a special status in law, and the intention of the accused in causing the injuries can be gathered from the attending circumstances of the case.
Headnote:
Section 307 IPC - Conviction challenged - Summary of Acts and Sections: The court discussed the provisions of Section 307 IPC and the benefit of Section 428 Cr.P.C. granted to the appellant. The judgment also referenced the Medico-Legal Aspects of Wounds, 'Modi's Textbook of Medical Jurisprudence and Toxicology, 23rd edition. The court's decision was influenced by the testimony of the injured witness, the nature of injuries, and the attending circumstances of the case.
Fact of the Case:
The appellant was convicted for an offence punishable under Section 307 IPC for attacking his estranged wife with a knife. The injured witness testified to the incident, and material witnesses and medical evidence were presented during the trial.
Finding of the Court:
The court found that the prosecution successfully proved that the appellant caused injuries to the complainant at his house. The court also concluded that the injuries were simple in nature and set aside the conviction under Section 307 IPC, instead convicting the appellant for the offence punishable under Section 324 IPC.
Issues: The issues included the credibility of the injured witness, the nature of injuries, and the intention of the appellant in causing the injuries.
Ratio Decidendi: The court relied on the testimony of the injured witness, the attending circumstances of the case, and legal principles related to the intention of the accused in causing the injuries.
Final Decision: The appellant's conviction under Section 307 IPC was set aside, and the appellant was convicted for the offence punishable under Section 324 IPC, sentenced to undergo RI for a period of 6 months.
JUDGMENT :
Manoj Kumar Ohri, J.
The present proceedings are instituted challenging the judgment on conviction dated 14.01.2013 passed by ASJ-03(NE), Karkardooma Courts, Delhi arising out of SC No.115/10 in FIR No.24/08 registered under Section 307 IPC at P.S. New Usmanpur, Delhi whereby the appellant was convicted for an offence punishable under Section 307 IPC and vide order on sentence dated 15.01.2013, the appellant was directed to undergo RI for two years with a fine of Rs.5,000/-, in default of which, the appellant was directed to undergo RI for a period of six months. The benefit of Section 428 Cr.P.C. was granted to the appellant.
2. The facts of the prosecution case, as noted by the trial court, are:
"That on 27.01.08 on receipt of DD no. 23A HC Jagbir Singh along with Ct. Mehboob Ali reached the spot i.e. gali no. 20, H. no. R/118, Brahmpuri, Delhi where he came to know that the injured had already been removed to GTB hospital by PCR van. HC Jagbir Singh along with Ct. Mehboob Ali reached GTB hospital and collected MLC no. C-377/08 of injured Noorjahan and the MLC showed the alleged history of assault and patient was declared fit for statement. Statement of Noorjahan w/o Anis r/o H. no. R-118, Gali no. 20, Brahmpuri, Delhi aged 30 years was recorded wherein she disclosed that due to strained relationship with her husband i.e. accused Anis she had been living along with her children at her parental home i.e at Jhuggi no. 7, near S Block, Patel nagar. On 27.01.08 she had come to Aggarwal Electronics to pay the installment of washing machine at D-23/5, Chauhan Banger, Seelampur, Delhi. When she came out of the shop after making payment her husband i.e. accused Anis met her there. He took her to his home at H. no. R-118, Gali no. 20, Brahmpuri, Delhi. At about 8.00 PM he started abusing her and told her that he had married another woman and she should take away all her clothes and belongings. He further threatened her by saying that "mai tujhe saal bher se apne maa baap ke sath rehne ka maja chakhata hoon. Aur abhi tera kaam tamam ker deta hoon" (I will teach you a lesson for staying with your parents for the past 1 year. I will kill you). He took out a knife from the pocket of his pants and attacked her. She raised alarm for help. The accused fled away from the spot. Some body called the police at no. 100. She was removed to GTB hospital in a PCR and she wanted that legal action be initiated against accused Anis. HC Jagbir Singh put his endorsement on the rukka and got the FIR registered u/s 307 IPC. Further investigation was handed over to SI Naval Singh who got the spot photographed, prepared site plan at the instance of complainant. He also collected the blood which was lying at the spot by cutting vinyl floor covering on which the blood had fallen. He also seized Salwar, kurta and bra of the injured which were having bloodstains. He recorded supplementary statement of the complainant, also took into possession photocopy of her Nikahnama and photographs. Accused was arrested on 07.02.08. His disclosure statement was recorded. He could not get the knife recovered. The exhibits were sent to FSL and after completing other necessary formalities charge sheet was filed against the accused u/s 307 IPC."
3. After completing the investigation, a charge-sheet was filed. During the trial, the prosecution examined 15 witnesses. The complainant (estranged wife of the appellant) was examined as PW-2. Two independent witnesses, who were the neighbours i.e., Babloo and Rihana, were examined as PW-1 and PW-6 respectively. Dr. Parmeshwar Ram, who proved the MLC of the injured, was examined as PW-13. Dr. V. Shankar Narayanan, Sr. Scientific Officer (Biology) to prove the FSL report, was examined as PW-15. SI Naval Singh, the Investigating Officer was examined as PW-14.
4. The other witnesses who were examined related to various stages of
