RAVI @ BATU Vs. STATE

JUDGEMENT

(1.) By the present appeal, Ravi @ Batu challenges the impugned judgment dated 7 th November 2017 convicting him for the offence punishable under Section 397 IPC in FIR No. 857/2014 registered at PS Seelampur and the order on sentence dated 9 th November 2017 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000/- and in default whereof to undergo simple imprisonment for a period of six months.

(2.) Learned counsel for the appellant contends that as per the personal search memo nothing has been recovered from the appellant. Moreover, the nature of injury is simple caused due to the scuffle. Hence the appellant be acquitted for the offence punishable under Section 397 IPC as its ingredients are not fulfilled.

(3.) Learned APP for the State on the other hand contends that the knife and phone were seized from the spot and a sketch of the knife was also prepared. Moreover, as per the MLC the injury has been opined to be simple but sharp. The injury was inflicted by a sharp weapon. Reliance is placed upon the decisions of the Delhi High Court Seetal v. State (NCT of Delhi),2014 SCCOnline(Del) 4043, Murlidhar v. State,2018 SCCOnline(Del) 9401 Yaseen v. State,2014 SCCOnline(Del) 861.