BHIM MAHATO vs THE STATE

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30.10.2025 + CRL.A. 489/2003 BHIM MAHATO .....Appellant Through: Mr. R.S. Dhama, Mr. Vinay Modi, Mr. Mohd. Shahzad Ansari, Advs. versus THE STATE .....Respondent Through: Mr. Aman Usman, APP for the State CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT DINESH MEHTA, J. (ORAL) 1. The instant appeal under Section 374(2) of the Code of Criminal Procedure (‘Cr.P.C.’), 1973 has been preferred by the appellant/Bhim Mahato against the judgment dated 08.07.2002 and order on sentence dated 10.07.2002, passed by the learned Addl. Sessions Judge, Delhi (hereinafter referred to as ‘Trial Court’) in Sessions Case No.54/99 whereby, the appellant/accused has been convicted as follows: S.No. Section Sentence Fine 1. 302 IPC Life Rs.3,000/-; in default imprisonment thereof to further undergo SI for one year However, the learned Trial Court acquitted the accused/appellant of the Signature Not Verified Digitally Signed CRL.A. 489/2003 Page 1 of 10 By:NEELAM Signing Date:07.11.2025 10:36:06 offence under Sections 25/27 of Arms Act, 1959. 2. The facts appertain are that on 09.04.1999, an information was given to Police Station Nabi Karim that one person was lying injured at AB-75/1, Amar Colony; consequently, the entry in Daily Diary was made. In furtherance of the information so received; the police reached the place of occurrence, where it was found that a dead body was lying on the floor of the house. The police also found a knife and wrist watch of HMT make on the spot. 3. A person named Manjan Mahto, who claimed to have seen the incident was available on the spot, who informed the police that the deceased (Kishan Mahto) is his brother and had been killed by the appellant/accused. Th