CHARANJEET Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present appeal assails the impugned judgment of conviction dtd. 31/3/2023 and order on sentence dtd. 22/7/2023 rendered by the Sessions Court, which pertains to FIR No.67/2016 registered under Sec. 307 IPC and Ss. 25/27/54/59 Arms Act at PS. Tilak Nagar, Delhi.

(2.) Vide order on sentence, under Sec. 307 IPC, the appellant was directed to undergo rigorous imprisonment for a period of 10 years in addition to the payment of fine of Rs.10,000.00 and in default whereof, he was to undergo simple imprisonment for three months and under Sec. 25(1B)(b) of Arms Act, the appellant was directed to undergo rigorous imprisonment for a period of 3 years in addition to the payment of fine of Rs.5,000.00 and in default of payment of fine, he was to undergo simple imprisonment for two months. All the sentences were to run concurrently. The appellant was also entitled to the benefit of Sec. 428 of Cr.P.C.

(3.) The relevant facts for consideration of the present appeal are that DD 14A came to be recorded at PS: Tilak Nagar, Delhi on 14/1/2016 at about 8.15 AM, which noted that one person, namely, Surjeet, s/o Sh. Amarjit r/o B-282-283, DDA Colony, Choukhandi, Tilak Nagar, Delhi was admitted in Sehgal Nursing Home, Meera Bagh with stab injury. The DD entry was assigned to IO/SI Dhananjay, who along with Constable Devender reached the said hospital where the doctor declared the appellant unfit for statement. The blood stains were found on the spot and crime team was called. The IO again visited Sehgal Nursing Home to procure the statement of the injured. However, the injured was again declared unfit for giving statement.