LAWS(DLH)-2014-2-55

TODAR MAL Vs. STATE OF DELHI

Decided On February 11, 2014
TODAR MAL Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) TODAR Mal (the appellant) impugns a judgment dated 28.07.2001 of learned Addl. Sessions Judge in Sessions Case No. 76/2001 arising out of FIR No. 87/97 PS Seelam Pur whereby he was convicted for committing offence punishable under Section 307 IPC and by an order on sentence of the same date, he was awarded RI for two years with fine Rs.2,000/ -.

(2.) ALLEGATIONS against the appellant were that on 29.01.1997 at about

(3.) OCULAR testimony of PW -1 (Chander Kumar) and PW -2 (Satish) is in consonance with medical evidence. Soon after the occurrence Chander Kumar was taken to DDU Hospital by his brother PW -2 (Satish) whose name finds mention in MLC (Ex.PW -6/A). It records the arrival time of the patient at the hospital at 04.15 P.M. Three stab injuries on the chest and neck described in detail in Ex.PW -6/A were found on the body of the victim. Nature of injuries was opined 'simple ' caused by sharp weapon. The complainant remained admitted in the hospital for 3 or 4 days. Recovery of the crime weapon 'ustra ' (Ex.P3) and scooter (Ex.P4) used in the crime lend credence to the prosecution case. The impugned judgment based upon fair appraisal of the evidence warrants no interference. Apparently, Todar Mal was the author of the injuries caused to the victim Chander Kumar.