LAWS(DLH)-2014-3-262

SHIBU SEMOL Vs. STATE

Decided On March 14, 2014
Shibu Semol Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) BY a judgment dated 15.07.2010 in Sessions Case No. 53/2009 arising out of FIR No. 543/2005 PS Kalyan Puri, Shibu Semol (the appellant) was convicted under Sections 452/307/506 IPC. By an order on sentence dated 19.07.2010, he was awarded RI for three years with fine Rs. 2,000/ - under Section 452 IPC; RI for seven years with fine Rs.20,000/ - under Section 307 IPC and RI for one year under Section 506 IPC. Allegations against him were that on 18.10.2005 at about 11.45 A.M. at house no. F -73, Gali No. 2, East Vinod Nagar, Delhi, he fired twice with a country -made pistol at the victim ­ Richa in an attempt to murder her. The trial resulted in his conviction as aforesaid.

(2.) DURING arguments, appellant's counsel on instructions stated at Bar that the appellant has opted not to challenge the findings of the Trial Court on conviction under the aforesaid offences in view of overwhelming evidence of the complainant / victim (PW -1 Richa @ Gudia) coupled with medical evidence. Prayer was made to modify the sentence order as the appellant has already undergone substantial period of substantive sentence awarded to him. To this, learned Addl. Public Prosecutor has no objection.

(3.) APPEAL stands disposed of in the above terms. Pending application also stands disposed of. Trial Court record be sent back immediately with the copy of the order. A copy of the order be sent to the Superintendent jail for information.