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DELHI HIGH COURT
SIDDHARTH MRIDUL, SANGITA DHINGRA SEHGAL
Shamim Ahmed – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Sangita Dhingra Sehgal, J. Vide this common order, we shall dispose of the Crl. Appeal No. 272/2018 and Criminal Leave Petition No. 318/2018 arising out of the judgment/order dated 16.01.2018 passed by the District and Sessions Judge, North East District, Karkardooma Courts, Delhi wherein the accused Nos. 1 & 2 were acquitted of the offences punishable under section 307/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and accused No. 1 was convicted for the offence punishable under Section 25 of the Arms Act and sentenced to undergo Rigorous Imprisonment for a period of one year with fine of Rs.1,000/-.
2. The brief facts of the case, as distinguished by the learned Trial Court are reproduced as under:
"The facts of the prosecution case are that on 31.08.2009 at about 6am in Gali No. 5, Kabir Nagar, Delhi, accused Shamim Ahmed along with accused Mohd. Aftab and Babu Hotel Wala fired a gun shot at Mohd. Sanaulah and victim Mohd. Sanaulah suffered gun shot injury on his back the accused ran away from spot, somebody called 100 number and DD No. 5A was recorded about one person had fired gun shot at Kabir Nagar, PCR reached the spot and injured was taken
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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