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MANOJ KUMAR OHRI
Saleem Khan – Appellant
Versus
State (govt. Of Gnct, Delhi) – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - The present appeal has been preferred under Section 374(2) read with Section 482 Cr.P.C. on behalf of the appellant challenging the judgment on conviction dated 24.10.2019 and the order on sentence dated 30.10.2019 passed by the learned Addl. Sessions Judge-02 (North-East District), Karkardooma Courts, Delhi in Sessions Case No. 257/2017 arising out of FIR No. 244/2017 registered under Sections 307/324 IPC at Police Station Khajuri Khas, Delhi.
2. Vide the impugned judgment, the appellant was convicted for the offences punishable under Sections 307/324 IPC and vide the order on sentence, he was sentenced as follows:-
(i) for the offence punishable under Section 307 IPC, to undergo Rigorous Imprisonment for a period of 06 years, alongwith payment of fine of Rs. 5,000/, in default whereof to further undergo Simple Imprisonment for a period of 03 months, and
(ii) for the offence punishable under Section 324 IPC, to undergo Rigorous Imprisonment for a period of 01 year, alongwith payment of fine of Rs. 1,000/-, in default whereof to further undergo Simple Imprisonment for a period of 01 month.
3. The benefit of Section 428 Cr.P.C. was extended to the appellan
The testimonies of injured witnesses are accorded special status in law and are considered reliable, especially when consistent and supported by medical evidence.
Procedure under Section 313 Cr.P.C. is but a facet of principles of natural justice giving an opportunity to an accused to present defence. The burden of proof on an accused in support of defence tak....
The appellate court found sufficient evidence to convict respondent No.1 for grievous injury despite contradictions in witness testimony, emphasizing the need for careful scrutiny in cases with prior....
The judgment emphasizes that errors in investigation do not necessarily impact the credibility of eyewitness evidence and that minor contradictions and lapses in investigation do not render the prose....
Conviction upheld - Charges against the appellant have been established beyond reasonable doubt.
The main legal point established in the judgment is the reliance on witness testimony, the admissibility of evidence despite minor discrepancies, and the sufficiency of evidence to establish guilt be....
The judgment emphasizes the importance of corroborative evidence and the need for caution in evaluating the testimony of an inimical witness. It also highlights the impact of non-examination of the I....
The main legal point established in the judgment is the assessment of the nature of injuries, the intention of the appellant, and the reliability of the evidence presented by the prosecution in deter....
To establish an offense under Section 307 IPC, proof of intent to kill is required; a single injury does not suffice to conclude such intent, allowing for conviction under Section 326 IPC instead.
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