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RITU BAHRI, ASHOK KUMAR VERMA
Vedender – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Ritu Bahri, J. - The appellant has come up in appeal against the judgment dated 23.05.2016 and decree dated 24.05.2016 whereby he has been convicted and sentenced as under:-
Offence
Sentence
U/S 307 of IPC
To undergo imprisonment for life and to pay fine of Rs. 10,000/-. In default of payment of fine, further undergo simple imprisonment for six months.
U/S 25 of Arms Act
To undergo rigorous imprisonment for five years and to pay fine of Rs.3,000/-. In default of payment of fine, further undergo simple imprisonment for three months .
2. The case set up by the prosecution is that on 02.12.2013, information was received by SI Mohammad Illias Khan from Police Post, PGIMS, Rohtak that Dr. Ashish Dahiya was admitted in hospital with fire injury. One Mahender Singh Dalal, who was working as Assistant in the Hotel Management Department, M.D.U., Rohtak told the police that Dr. Ashish Dahiya was working as Director in the M.D.U., Rohtak. The Director room and his room were in the same building. On 02.12.2013 at about 10:30 a.m., Dr. Ashish Dahiya called a meeting of the office staff and that meeting lasted till 11 a.m. At about 11:15 a.m., when Dr. Ashish Dahiya was sitting in his office,
The main legal point established in the judgment is the reliance on evidence, including witness testimonies and FSL reports, to establish the guilt of the accused and the consideration of previous ju....
The court modified the punishment under Section 326 I.P.C. and Section 307 I.P.C. based on the nature of injuries and the weapon used.
The consistent testimony of witnesses and corroborating medical evidence can establish guilt, and non-recovery of the weapon used in the incident may not diminish the credibility of the witnesses.
The central legal point established in the judgment is the significance of intention or knowledge in determining the nature of the offence under Section 307 I.P.C., and the court's emphasis on the la....
Specific charges must be framed in criminal proceedings; vague charges can prejudice the accused, leading to unsustainable convictions.
The consistent and trustworthy testimonies of eyewitnesses, supported by medical evidence, are crucial in establishing guilt beyond reasonable doubt in a murder case.
Attempt to murder – Intention to kill must be apparent from act of accused.
The main legal point established in the judgment is the reliance on credible evidence, including witness testimonies, confession of guilt, recovery of the crime weapon, and forensic report, to uphold....
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