CRL. A. 55/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 31^st May, 2022

Pronounced on: 8^th July, 2022

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CRL.A. 55/2022

DANISH @ BEHRA

.... Appellant

Represented by:

Mr. Arun Sharma with Mr.

Yatendra Singh and Mr. Vikas

Kaushik, Advocates.

versus

THE STATE

....Respondent

Represented by:

Mr. Tarang Srivastava, APP for

the State with SI Mahavir , PS

Daryaganj.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

MINI PUSHKARNA, J.

1.

By this appeal, appellant challenges the impugned judgment

dated 30.09.2021 and order on sentence dated 24.12.2021 passed

by learned ASJ-02, Central District, Tis Hazari Courts, Delhi in

Sessions Case No.27557/2016 in FIR No.84/2014, under Section

302 IPC, registered at Police Station Daryaganj, New Delhi. The

appellant has been convicted for offence punishable under Section

302 IPC and directed to undergo sentence of imprisonment for life

and a fine to the tune of Rs.10,000/-. In default of payment of fine,

he has been directed to undergo rigorous imprisonment for one

year.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002474

CRL. A. 55/2022

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2.

The criminal machinery in this case was set into motion on

receipt of DD No.50B, dated 17.02.2014 at 3.50 PM, at Police

Station Daryaganj regarding the information sent by Const. Mahesh

from LNJP Hospital that one male injured has been brought to the

hospital by one Mohd.Zahid, who is admitted in the hospital vide

MLC No.305096/14. DD was marked to ASI Rajesh who along

with Const. Amit reached at the hospital and collected the MLC of

injured on which history was mentioned as „found injured in

Daryaganj park‟ as told by Mohd. Zahid who brought the injured to

the hospital. ASI Rajesh inquired about Mohd. Zahid who brought

the injured to the hospital, however he was not found.

3.

Thereafter, ASI Rajesh along with Ct. Amit reached at the

spot i.e. Hindi Park, Daryaganj, Delhi, where no eye witness was

found but blood drops were found near the mother dairy booth.

Crime team was called at the spot, which took the photographs and

exhibits. ASI Rajesh and Ct. Amit again came back to the hospital

where doctors declared the injured „not fit for statement‟. On this,

FIR under Section 307 IPC was registered.

4.

ASI Rajesh collected the mobile phone of the injured from

the hospital staff and made a call on the phone number of one

Nazar Khan. Nazar Khan informed ASI Rajesh that the said mobile

phone belongs to his brother Feroz Khan. Later, Nazar Khan along

with his brother Afsar Khan reached the hospital, where they both

identified the injured as their brother Feroz Khan.

5.

Investigation was started and statements under Section 161

Cr.P.C. of Afsar Khan and Nazar Khan were recorded. In his

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002474

CRL. A. 55/2022

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statement to the police, Afsar Khan, PW12 stated that on

16.02.2014 at about 9.00 PM, he was accosted by Danish @

Behera i.e. the appellant herein, along with his two associates,

namely, Idrish and Ashraf, during which appellant had stated that

he mistook Afsar for Feroz Khan (deceased) and that he would

have accidently slit his throat instead of his brother, Feroz Khan.

Appellant threatened him that he shall kill his brother Feroz Khan.

6.

Subsequently, information was received at Police Station

Daryaganj from LNJP Hospital that injured Feroz Khan had

expired. Thereafter, FIR was converted to one for offence

punishable under Section 302 IPC and investigation was handed

over to SH