SHAFFI MOHD Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This revision petition was filed after petitioner's appeal against the judgment of conviction under section 325 Indian Penal Code and sentence was dismissed by the Addl. Sessions Judge, New Delhi.

(2.) I have heard the counsel for the petitioner and gone through the records including the judgments of the two courts below. I find that the trial court had examined the injured and one of the eye witness besides the investigating officer who proved the sketch plan, other recoveries and registration of the case. I The defence of the accused has been rejected on appreciation of evidence and I do -not find any infirmity in the judgment of the trial court as it is based on evidence produced before him. The learned appellate court has endorsed this finding and there is thus a concurrent finding of facts by the two courts below.

(3.) On being asked as to what could be the point of law as result of which revision petition was now being heard, Mr. Mehta stated that the medical evidence has not been proved before the trial court and as such the con- viction for offence under Section 325 Indian Penal Code was not sustainanble and that even if the statement of the injured was to be believed, it could have been a case of conviction only for offence under Section 323 IPC.