WASIM @ PASSA Vs. STATE OF DELHI

JUDGEMENT

(1.) THE appellant along with two other persons was tried for the offence punishable under Section 307/34 IPC. The appellant was convicted for the offence punishable under Section 307/34 IPC vide judgment dated 19th July, 2012 and was sentenced to undergo R.I. for seven years and fine of Rs.5000/ - and in default S.I. for six months vide order dated 23rd July, 2012. The other co -accused were however convicted for the offence under Section 323/34 IPC and sentenced for a period already undergone.

(2.) THE incident had taken place on 29th November, 2009 at 7.50 p.m. in Auto Parking Shahdara Metro Station. The injured PW1 Firoz was declared fit to make the statement by the doctor in the hospital and the FIR for the offence under Section 324/34 IPC was registered on the statement of the injured PW1 Firoz. The doctor who had examined the injured had opined the injuries of simple nature. Subsequently, during the investigation another doctor had given the opinion on the MLC of the injured PW1 and opined that the injuries were of grievous nature and supplementary statement of PW1 was also recorded by Investigative Officer and accordingly the charge sheet was filed by the prosecution for the offence under Section 307 IPC. All the three accused (including the appellant) were charged for offence under Section 307/34 IPC. On the basis of the evidence recorded during the trial, while appellant was convicted for the offence under Section 307/34 IPC, the other to co -accused were convicted only for the offence under Section 323 IPC.

(3.) IT is argued on behalf of learned APP for the State that weapon used is a knife and is a dangerous weapon and that there were all intensions to kill PW1 and the conviction under Section 307 IPC of the appellant is justified.