Fri. Apr 23rd, 2021

Imtiyaz vs State on 5 June, 2017

1 min read

1. The instant appeal is arising out of the judgment dated 21.04.2016 and
order on sentence dated 23.04.2016 wherein the appellant-Imtiyaz was
convicted for committing offences punishable under Sections 308/34 IPC.
Aggrieved by the said judgment and order on sentence, the appellant has
preferred the present appeal.

2. Brief facts stated are that on receiving information vide DD No.26-A, SI
Puneet Grewal reached to the spot along with Ct.Nand Kihore and thereafter
they came to know that the injured was taken to BJRM hospital, Jahangirpuri
where the injured Bunty was found to be admitted in the hospital vide MLC
Ex.PW-2/A. The statement of the injured was recorded. PW-5 Bunty i.e. the
injured in his statement has stated that on 29.10.2015 at about 11:15 pm he was
Crl.A.730/2016 Page 1 of 4
passing through Kuda Khatta, near Lekhram Park, Wazirpur where he met
appellant Imtiyaz and his friend who demanded the loan amount given to him
and on his showing inability, knife blow on his person was caused by the
appellate Imtiyaz. On the basis of statement of the injured, FIR was registered.
Consequent upon the registration of the FIR, the appellant was arrested on
31.10.2014, however, the co-accused was not arrested as his whereabouts were
not known. The weapon of offence i.e. knife could not be recovered from the
possession of the appellant. After completion of the investigation, charge sheet
was filed under Sections 308/34 IPC qua against the present appellant only.

Source: Indian Kanoon

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