DALIP SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application for suspension of sentence has been made by the appellant convicted under Section 307 read with Section 34 IPC. As per prosecution case, the appellant along with two of his accomplices went to injured Karnail Singh and the appellant gave a knife blow at the thigh of the injured.

(2.) The appellant and injured were both related to each other, since the appellant's sister was married in the family of the complainant and there was a dispute going on and an FIR No. 45/07 under Section 406/498-A read with Section 34 IPC was pending against the relatives of the complainant.

(3.) Perusal of judgment shows that there is no discussion about the nature of injury whether it was simple or grievous. It is mentioned in MLC that it was a fresh injury caused with sharp weapon. The appellant is convicted under Section 307 only because of the use of the knife.