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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : July 10, 2014 + CRL.A. 687/2006 HIRA LAL .....Appellant Represented by: Mr.K.Singhal, Advocate
versus
THE STATE OF NCT OF DELHI .....Respondent Represented by: Mr.Lovkesh Sawhney, APP
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J. (Oral)
Crl.M.A.No.9741/2014
Allowed.
Crl.A.No.687/2006
1. Appellant Hira Lal was committed for the charge of having inflicted injuries by a knife on deceased Ajay Pal at 8:45 PM on September 23, 2002 at Fasil Road behind G.B.Road, Delhi with the intention of causing his death, thereby committing the offence of murder punishable under Section 302 IPC.
2. The FIR Ex.PW-14/A, was registered at PS Kamla Market on September 24, 2002 at 10 minutes past 12 midnight pursuant to the statement Ex.PW-20/A made by one Mohd.Shamim, in which statement the appellant has been named as the assailant with details of the contemporaneous utterances and acts of the appellant. Since Mohd.Shamim
Crl.A.No.687/2006 Page 1 of 4 died he could not be examined as a witness by the prosecution. But we have on record the testimonies of PW-4, Babu Lal and Jeet Ram PW-5, perusal whereof would bring forth that on September 23, 2002 at around 9:00 PM a verbal altercation took place between the appellant and the deceased Kalu and at that time the informant Mohd.Sham