Thu. Apr 22nd, 2021

Gagan Dev Vyas vs State on 2 June, 2017

2 min read

HON’BLE MR. JUSTICE I.S.MEHTA

I.S.MEHTA, J (ORAL)

1. The instant appeal is arising out of the judgment dated 16.09.2016 and
order on sentence dated 17.09.2016 wherein the appellant- Gagan Dev Vyas was
convicted for committing offences punishable under Section 308 IPC.
Aggrieved by the said judgment and order on sentence, the appellant has
preferred the instant appeal.

2. Briefly facts stated are that on 29.01.2015 at about 8.00 p.m., the
complainant namely Mohan Rao was present at his Jhuggi bearing Jhuggi
No.39, Malikpur Kohi, Inder Camp, Rangpuri, New Delhi and in the
neighbouring jhuggi No.229 the convict/appellant was hurling abuses in filthy
language with his children in front of his jhuggi and when the complainant
objected, the convict/appellant hit him on his head twice with a chainni type
instrument/object. Blood started oozing from the head of the complainant and he

Crl.A.1050/2016 Page 1 of 4
fell down on the ground. The complainant made a call at 100 number and
thereafter he was removed to ISIC Hospital by the PCR officials, where he was
got admitted and his statement was recorded by the police. After completion of
the investigation, charge sheet was filed for the offence punishable under
Section 308 IPC. After filing the charge sheet, prosecution examined 7
witnesses in order to prove its case. Upon appreciation of evidence and after
considering the contentions of the appellant, he was convicted by the impugned
judgment. By an order dated 17.09.2016, the appellant was awarded Rigorous
Imprisonment for two years with fine of Rs.2,000/- and in default of payment of
fine he shall undergo simple imprisonment for one month. Being aggrieved and
dissatisfied, the appellant has filed the instant appeal.

Source: Indian Kanoon

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