Delhi HC upholds trial court order convicting man for hurting cop on duty
Jan 15, 2022
New Delhi [India], January 15 : The Delhi High Court has upheld the trial court order convicting a man for causing injuries to a police official when he was on his duty.
Justice Mukta Gupta upheld a trial court order which convicted one of the accused named Pramod of giving blow with a razor to a Police officer on duty.
"Considering the nature of injury received by the complainant, the offences punishable under Section 186/333/34 IPC stands probed beyond a reasonable doubt," the court said.
The court was hearing the appeal of the convict who has challenged a trial court order dated September 1, 2016, whereby the appellant was convicted for offences punishable under Sections 186/333/34 IPC and awarded a sentence of rigorous imprisonment for a period of 10 years for an offence punishable under Section 333/34 IPC and to pay a fine of Rs 10,000.
"Considering the weapon of offence used and that the offence was not committed in a pre-meditated manner but on the spur of the moment, this Court deems it fit to modify the sentence of the appellant to the period already undergone," the Court said.
The prosecution case was initiated on a receipt of the complaint on May 24, 2014, informing that one person in drunken condition has given a blow with a razor to a police official.
Constable Kulvir Singh of Railway Protection stated that he was posted at Police Post,
Lahori Gate of RPF on May 24, 2014. He was on duty from 4.00 PM to 12.00 midnight in the area.
He further stated that at about 10.45 pm when he reached the North Yard of the Railway opposite platform 10 and 11 near Sheela Cinema bridge at the service road, which is not a public place, and the public is not allowed so as to avoid theft of railway property, he saw two-three boys sitting there.
When the cop asked the boys to go away they did not. When the police official touched one of them and asked to go, he started abusing him, grappled with him and took out a razor (ustra) and gave a blow on his left-hand wrist at two places, due to which bleeding started.
The complainant snatched the razor from him whereafter that boy and his associates started pelting stones at him. The person who gave the blow with the razor was named Pramod whom he knew from before and he could identify Pramod and his associates, the prosecution said.
Based on the statement, an FIR was registered.
The prosecution has also said that Constable Kulvir received grievous hurt and his hearing was impaired due to which he has prescribed a hearing aid and was declared unfit for service.