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Friday 30 October 2015

Under-trial gets jail for fight in prison van


A Delhi court has sentenced an under-trial to two years of imprisonment in a prison van attack case in 2012.
According to the prosecution, the accused had attacked his three co-inmates with a surgical blade when they were being taken from the Tihar jail to Rohini district courts for production. The accused, Bharat Yadav, had hidden the blade in his mouth.
Before attacking the inmates, Yadav directed the old under-trials to be on one side of the van and the new ones on the other side. As the three inmates lined up on one side of the van, the accused begun attacking one of them with a surgical blade. Immediately, the two inmates intervened and they also sustained injuries in the attack.
Additional Sessions Judge Pawan Kumar Jain maintained an Additional Chief Metropolitan Magistrate (ACMM) judgment in the case, holding the accused guilty. He dismissed his appeal against the judgment.
However, he reduced the sentence from three years of imprisonment to two years.
The accused in his appeal argued that there were many loopholes in the ACMM judgment as the prosecution failed to examine one of the injured inmates, the investigating officer of the case and the doctor who had prepared the MLC. But the court dismissed these arguments.
It convicted the accused on the basis of evidence by the two inmates who had also sustained injuries in the attack and two Delhi Police personnel accompanying the inmates.
“In view of the aforesaid discussion, I am of the considered opinion that there are overwhelming evidences on record to prove beyond reasonable doubts that appellant is the person, who voluntarily caused injury to the two inmates by the means of surgical blade. Thus, I do not find any infirmity in the impugned judgment whereby appellant had been held guilty for the offence…,” the Judge said in his judgment.
According to the prosecution, the accused had attacked his three co-inmates with a surgical blade when they were being taken from the Tihar jail to Rohini district
courts for production

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