Wed. Apr 21st, 2021

Tony @ Afroz vs State on 7 June, 2017

2 min read

2. Briefly facts stated are that on 06.04.2011 at around 10.45 PM,
information was received in Police Station-Sangam Vihar about a quarrel. The
information was recorded as DD No.34 A and marked to ASI Rajender Singh
for investigation, who reached at the spot but no eye witness was found there. At
around 3.15 a.m., another information was received from Batra Hospital
regarding admission of the injured of the said incident in that hospital. IO went
there and came to know that the injured has already been shifted to Safdarjung
Hospital. IO went there and found that the patient was unfit for giving statement.

Crl.A.640/2015 Page 1 of 5
Sh.Janmejay, brother of the injured went to IO and gave statement narrating the
incident. On the basis of said statement, FIR No.106/2011 was registered. After
completion of investigation, charge-sheet was filed and the appellant and his
associates were charged for committing various offences. The prosecution
examined 13 witnesses in order to prove its case. Upon appreciation of evidence
and after considering the contentions of the appellant and his associates, they all
were convicted by the impugned judgment. By an order dated 22.01.2015, the
appellant was awarded Rigorous Imprisonment for seven years and also a fine of
Rs.10,000/- for offence punishable under Section 395 IPC and in default of
payment of fine to undergo one year Simple Imprisonment. He was also
awarded five years Rigorous Imprisonment and fine of Rs.5,000/- for offence
punishable under Section 365 IPC and in default of payment of fine to undergo
six months Simple Imprisonment. For offence punishable under Section 323
IPC, he was also awarded six months Rigorous Imprisonment. All the sentences
were to operate concurrently. Being aggrieved and dissatisfied, the appellant has
filed the instant appeal.

Source: Indian Kanoon

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