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Recovery of weapon used for crime not essential for conviction: Delhi High Court

The appellant had contended that the Investigating Officer had not recorded the statement of any public witness.

To this, the Court relied on the Supreme Court judgment in Sadakat Kotwar and Another v. State of Jharkhand:

“As observed and held by this Court in catena of decisions nobody can enter into the mind of the accused and his intention has to be ascertained from the weapon used, part of the body chosen for assault and the nature of the injury caused. Considering the case on hand on the aforesaid principles, when the deadly weapon – dagger has been used, there was a stab injury on the stomach and near the chest which can be said to be on the vital part of the body and the nature of injuries caused, it is rightly held that the appellants have committed the offence under Section 307 IPC.”

In the present case, the injuries were caused by a knife and on the neck. The nature of the corresponding injury was opined to be grievous. It was deposed by the complainant that earlier also, he was assaulted by the appellant, pursuant to which a complaint was lodged with the police, the Court noted.

Source: Barandbench

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