NAZAR MOHD @ HANUMAN Vs. STATE OF DELHI

JUDGEMENT

(1.) NAZAR Mohd. @ Hanuman has filed this appeal against his conviction under Section 326, Indian Penal Code, vide judgment dated 13.10.1976 and sentence to R.I. for two years with a fine of Rs. 500/ - or in default to undergo further R.I. for three months vide order dated 21.10.1976 by an Additional Sessions Judge, Delhi.

(2.) BRIEFLY stated the case of the prosecution has been that on 28.10.1975 D.D. No. 6 -A was recorded at Police Station Kamla Market on the basis of information conveyed on telephone by Duty Constable from Irwin Hospital about the admission of Kanhaiya. Copy of this D.D. entry was given to S.I. Baldev Singh who, while accompanied by a Constable, reached the hospital and collected M.L.C. number 31443 in respect of Kanhaiya. The injured was, however, declared by the Doctor to be unfit for statement.

(3.) THE matter was investigated and statements of the witnesses were recorded. Kanhaiya Lal was found to be unfit for statement and it was only on 30.10.1975 that this statement was recorded after he was declared fit for the statement by the Doctor at 11.30 a.m. Kanhaiya Lal inter alia has deposed about the inflicting of knife injuries on him by Nazar Mohd. @ Hanuman. Nazar Mohd. @ Hanuman was arrested and the Doctor opined injuries on the person of Kanhaiya Lal to be grievous caused by sharp weapon. Investigations revealed that Nazar Mohd. @ Hanuman had committed offence under Section 307 IPC and, so he was challaned.