RECOVERY OF WEAPONS USED FOR CRIME CANNOT BE AN ESSENTIAL CONDITION FOR CONVICTION - DELHI HC

The Delhi High Court reaffirmed that recovery of weapons used for the commission of a crime is not an essential condition for convicting an accused. 

Justice Manoj Kumar Ohri was hearing an appeal against a decision of the Additional Sessions Judge, Karkardooma Courts, Delhi. The appellant was accused of attempting to murder and causing grievous hurt to complainants Yunus and his brother Sahil. The accused was sentenced to 6 years of rigorous imprisonment and hence, an appeal before the HC.

The Court noted that the argument made by the appellant and the testimonies of Yunus and Sahil showed material contradiction with respect to the time of the incident. The Court further noted that the 

In a case of attempt to murder charges, the weapon of offense was not recovered has no merit as the testimonies of Yunus and Sahil were consistent.

The Court noted that the injuries were caused by a knife and on the neck in this instant case. It was deposed by the complainant that he was assaulted by the appellant earlier as well, according to which a complaint was lodged with the police. The Court took note of the pre-existing enmity between the two, the fact that the complainant had suffered two injuries during the incident. It is clear that the appellant had the requisite intention that such injuries could have been fatal.

The HC upheld the order of conviction passed by the trial court but reduced the sentence. 

Author: Papiha Ghoshal