VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) The present Appeal has been preferred by the Appellant under Sec. 374(2) of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C') impugning the Judgment dtd. 24/5/2022 (hereinafter referred to as 'Impugned Judgment') and Order on sentence dtd. 8/7/2022 (hereinafter referred to as 'Impugned Order') passed by Sh. Pooran Chand, learned Additional Sessions Judge-02 (West), Tis Hazari Court, New Delhi (hereinafter referred to as 'Trial Court') in Sessions Case No. 57716/2016, titled as 'State Vs Vinod Kumar and Anr.', emanating from FIR No. 154/2016, registered in PS Punjabi Bagh under Sec. 302/34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and 25/27/54/59 Arms Act.

(2.) By way of Impugned Judgment, the Appellant was convicted by the learned Trial Court for committing the offences under Sec. 302/34 IPC and 25/27/54/59 Arms Act. Vide the Impugned Order, the Appellant was sentenced to: (a) rigorous imprisonment for life for offences under Sec. 302/34 IPC along with fine of Rs.10,000.00, in default of which a further rigorous imprisonment for 6 months; (b) to rigorous imprisonment for one year for offence under Sec. 25 Arms Act along with fine of Rs.5,000.00, in default of which further rigorous imprisonment for 3 months; and (c) to rigorous imprisonment for four years along with fine of Rs.5,000.00, in default of which rigorous imprisonment for three months. It has further been ordered by the learned Trial Court that all the sentences shall run concurrently.

(3.) It is the case of the prosecution that PW-11, ASI Sardar Singh, who was posted at PP Madipur, PS Punjabi Bagh, received DD No. 38PP on 18/2/2016. Thereafter, he along with PW-13, Ct. Banwari Lal reached at the spot of crime i.e., 194-A, Lal Quarter, Punjabi Bagh. On enquiry, it was found that a boy was shot and he was taken to Maharaja Agrasen Hospital. PW-13, Ct. Banwari Lal was directed to remain at the spot of crime in order to protect the site of crime and PW-23, Inspector Ajmer Singh ('IO') and SI Nafe Singh, who had reached at the spot by then, along with PW-11, ASI Sardar Singh left for the hospital.