New Delhi: In a significant ruling, the Delhi High Court on Monday overturned the acquittal of two men after approximately 16 years and convicted them for intentionally causing head injuries to a person, resulting in 21 stitches.
The High Court overturned an October 2008 verdict of a trial court that had acquitted Mohit Kumar and Sandeep Kumar for an offence under Section 308 (attempt to commit culpable homicide not amounting to murder) of the Indian Penal Code. The prosecution challenged the trial court’s acquittal order, arguing that the testimonies of the witnesses established the incident beyond reasonable doubt.
The High Court stated that the trial court had made an error by doubting the testimony of the injured person and claiming it was contradictory to the statement of another prosecution witness.
Justice Neena Bansal Krishna while setting aside the trial court verdict said that a person hitting a victim on his head with a sharp pointing weapon would do so with the knowledge and intention that such an attack or injury on the head of the victim is likely to result in death of a person.
According to the prosecution, an FIR was lodged in 2006 stating that both the accused individuals went to the complainant, Maninder Gautam, and allegedly abused, threatened, and attacked him with a sharp object, causing a serious head injury. The weapon of the offence, a nail cutter, was recovered later at the instance of the accused. The High Court has scheduled a sentencing debate for August 30. (With agency inputs)
