* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : October 31, 2014
+ CRL.A. 299/2012
RIYAZ KHAN @ GAINDA ..... Appellant
Represented by: Mr. Manoj Singh with
Mr. Abhay Singh, Advocates.
versus
STATE (NCT OF DELHI) ..... Respondent
Represented by: Ms. Aashaa Tiwari, APP
Insp. Naresh Kumar, Insp.
Spl. Staff (North).
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
PRADEEP NANDRAJOG, J. (Oral)
1. Believing the testimony of Suresh Kumar PW-1 and accepting that the knife Ex.P-2 was got recovered pursuant to the disclosure statement made by appellant Riyaz Khan, which knife when sent for the opinion of Dr.Vijay Dhankar PW-22 was opined as capable of inflicting the three injuries on deceased Sunil and additionally capable of causing the cut marks on a vest and a shirt worn by the deceased when he was assaulted, the learned trial Judge has opined vide impugned judgment dated December 14, 2010 that the prosecution has successfully established that Riyaz Khan along with juvenile co-accused Mohd. Mukkaddar (who was sent for trial to the Juvenile Justice Board) had committed the offence of having murdered Sunil and had attempted to murder Suresh Kumar and additionally had voluntarily caused hurt while committing robbery and Crl.A. 299/2012 Page 1 of 11 while doing so had used deadly weapons. Riyaz Khan has thus been conv