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2022 Supreme(Del) 9

MANOJ KUMAR OHRI
In the matter of: Ankit – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Appellant : Mr. Saurabh Soni & Ms. Mannat Singh, Mr. Deepak Kumar.
For the Respondent: Mr. Hirein Sharma, A.P.P., along with SI Sachin Dev Dangi.

JUDGMENT :

Manoj Kumar Ohri, J.

1. The present appeal has been preferred under Section 374(2) Cr.P.C. read with Section 482 Cr.P.C. on behalf of the appellant challenging the judgment on conviction dated 03.10.2019 and the order on sentence dated 09.10.2019 passed by the learned ASJ (FTC), E-Court, Shahdara, Karkardooma Courts, Delhi in SC No. 17/2018 arising out of FIR No. 82/2017 registered under Sections 307/34 IPC at Police Station Nand Nagri, Delhi.

2. Vide the impugned judgment, the appellant was convicted for the offences punishable under Sections 307/34 IPC. Vide the order on sentence dated 09.10.2019, he was directed to undergo Rigorous Imprisonment for a period of 04 years alongwith payment of fine of Rs.4,000/-, in default whereof, to further undergo Simple Imprisonment for a period of 01 month. The benefit of Section 428 Cr.P.C. was extended to the appellant.

3. Brief facts of the case, as noted by the Trial Court, are as under:-

    “1. Criminal law was set into motion on 09.02.2017 at about 6.45 pm when an information regarding stabbing was received at PS Nand Nagri, which was recorded vide DD No. 85-B and was assigned to SI Manoj Kumar, who alongwith Ct. Deepak reached at the

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