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DELHI HIGH COURT
MANOJ KUMAR OHRI
Jitender Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. conviction details and facts of the case. (Para 1 , 2 , 3) |
| 2. arguments against the conviction. (Para 4 , 5 , 6) |
| 3. court's analysis of evidence and conviction. (Para 7 , 8 , 9) |
| 4. probation principles and judicial discretion. (Para 10 , 11 , 12 , 13 , 14) |
| 5. conclusion on probation application. (Para 15 , 16 , 17 , 18 , 19) |
JUDGMENT
1. The present revision petition is directed against the impugned judgment dated 29.08.2018 passed by Addl. Sessions Judge in CRL.A. 263/2017 arising out of FIR No. 388/2008 registered under Sections 419/420/468/471/120B IPC, P.S. Defence Colony wherein the petitioner's conviction under Section 420 IPC was modified and altered to one S. 420/511 IPC. The petitioner's sentence for the offence punishable under Sections 420/511 IPC was also modified and altered to RI for two years and fine of Rs.5,000/- and in default to whereof to undergo SI for six months. The petitioner's conviction under Sections 468/471 IPC and sentence was maintained.
2. Earlier the Metropolitan Magistrate vide judgment dated 24.05.2017 had convicted the petitioner under Sections 420/468/471 IPC and sentenced the petitioner to RI for two years for the offence under
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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