LAWS(DLH)-2019-12-112

SHARMILA @ NANHI Vs. STATE

Decided On December 13, 2019
Sharmila @ Nanhi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant has filed the present appeal impugning the judgment dated 29.07.2019, whereby the appellant was found guilty of attempting to commit murder and was convicted under Section 307 of the Indian Penal Code, 1860 (IPC). The appellant also impugns the order on sentence dated 31.07.2019, whereby the appellant was sentenced to two years of rigorous imprisonment and a fine of ?10,000. It was further directed that in default of payment of fine, she would undergo three months of simple imprisonment.

(2.) The appellant contends that the Trial Court erred in not appreciating the fact that no weapon had been recovered from the possession of the appellant and the said weapon (a surgical blade) had been planted by the police. The appellant further contends that there are several discrepancies in the testimonies of the witnesses and that the testimony of PW1 was unreliable.

(3.) The case of the prosecution was that on 26.02.2016, at about 9:00 pm, near Tehsil Office, Tehsil Road, Tuda Mandi, Najafgarh, New Delhi, the appellant had given a blow to the neck of the victim by a surgical blade. This resulted in the victim suffering grievous injuries.