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2019 Supreme(Del) 2225

MANOJ KUMAR OHRI
Chhotey Lal @ Chhutalla – Appellant
Versus
State Govt. NCT of Delhi – Respondent


Advocates Appeared:
Ajayinder Sangwan, Adv., Sachin Choudhary, Adv., Prashant Sharma, Adv., Radhika Kolluru, Adv.

JUDGMENT :

Manoj Kumar Ohri, J.

By way of the present appeal, the appellant has assailed the judgment dated 10.03.2015 passed by the Addl. Sessions Judge, Delhi vide which the appellant was convicted for the offence punishable under Section 392 read with Section 397 IPC in SC No.80/13 arising out of FIR No.153/2013, registered under Sections 397/411 IPC at Police Station Shahdara, Delhi.

2. Vide order on sentence dated 10.03.2015 the appellant was sentenced to undergo RI for 7 years under Section 392 read with Section 397 IPC along with fine of Rs.5,000/-, in default of which the appellant was directed to undergo SI for 6 months. The benefit of Section 428 Cr.PC was given to the appellant.

3. Brief facts, as noted by the Trial Court are that:

    "On 15.04.2013, a PCR call was received that an injured unconscious male was found near the railway tracks behind Shahdara Metro Station. The call was marked to HC Shri Pal for further enquiry. He reached at the spot and came to know that the victim had been rushed to GTB Hospital by CATS ambulance. From the bio-data of the victim lying at the spot, his identity was revealed as Jaiveer Singh. Constable Amit, who made the PCR call, was contacted and

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