Delhi court convicts man in 2018 attempt to murder case

New Delhi, Jan 19 (PTI) A Delhi court has convicted a man, who was part of a group that had robbed and stabbed a migrant labourer in June 2018, for attempt to murder even though he had not used the weapon himself, saying the prosecution has established the common intention to commit the offences.

The court also said that the non-recovery of robbed articles or the weapon of offence did not weaken the prosecution's case.

Additional Sessions Judge Sumedh Kumar Sethi convicted Sona Lal alias Sone Lal Baitha under IPC Section 307 (attempt to murder) and 394 (causing hurt while committing robbery), read with Section 34 (common intention).

Additional Sessions Judge Sumedh Kumar Sethi said that IPC Section 397 (robbery or dacoity, with attempt to cause death or grievous hurt) could not be applied as the accused had not personally used a deadly weapon and was part of the group that committed the robbery and shared a common intention with the co-accused.

The court also observed that non-recovery of the robbed articles or the weapon of offence did not weaken the prosecution's case, nor did the absence of independent public witnesses.

“No overt or covert act on the part of the accused is required to be proved when the common intention to commit the offences stands established. Nothing material has come in the statement of the accused to explain the circumstances brought against him by the prosecution,” the court said.

According to the prosecution, Sona Lal forcibly took the victim, Mohammad Afroj, in an autorikshaw from Anand Vihar area to a secluded spot in GTB Enclave on June 20, 2018, where he was robbed of cash, a mobile phone and other belongings.

During the robbery, Afroj was stabbed in the abdomen and neck with a knife and left grievously injured.

In an order dated January 14, the court said, “Considering the totality of facts and circumstances present on record, this court is of the opinion that accused Sona Lal alias Sone Lal was involved in the incident of attempt to commit murder of the complainant and also causing grievous hurt to the complainant while committing robbery.” The court noted that the medical evidence showed two incised wounds on vital parts of the body, which were sufficient in the normal course to cause death.

“This court is of the opinion that use of a knife for the purpose of causing grievous injuries in the abdomen and the neck of the complainant for the purpose of committing robbery as deposed by him, are sufficient to discern the intention of causing death of the complainant after robbing him,” the judge said. PTI SKM RT