STATE Vs. IMRAN

JUDGEMENT

(1.) The present appeal assails the judgment and order of acquittal of the respondent dtd. 6/12/2019 passed by the learned Trial Court in FIR No.266/2011 P.S. Khajuri Khas under Ss. 302/201/34 IPC.

(2.) As per the case of the prosecution, on 22/8/2011 on receipt of DD No.43A through PCR regarding firing of a shot at one person at Gauri Shankar Mandir, Delhi, SI Amit Prakash along with Constable Vijay reached the spot i.e. D-1/145, Nehru Vihar, Delhi where they met Beat Officer Head Constable Girish. Blood stains were found at the main gate of the house and they came to know that the injured had been removed to GTB Hospital through a private vehicle and no eye witnesses were found at the spot. The police team went to GTB Hospital and in the meanwhile, also informed the crime team. On reaching the hospital, SI Amit Prakash collected the MLC No.A-9873/2011 dtd. 23/8/2011 of injured Sudhir Singh. Wife of the injured namely Smt. Baby also met police in the hospital whose statement was recorded. She mentioned that her husband, injured Sudhir, was a juice vendor and used to put his rehri in front of D-1 at Karawal Nagar Road. On the day of the incident after the day's work, her husband had come back home at about 9:30 p.m. and after taking his meals at about 11:30-11:45 p.m., he noticed two boys (aged about 20-25 years) standing in front of the gate of their house. She further stated that when her husband enquired from the boys, they replied "hum yahin khade honge" and made a phone call to their associates and thereafter two more persons reached there on a motorcycle. The pillion rider of the motorcycle was having a pistol like thing in his hand who fired a shot which hit the left side of stomach of her husband and all of them ran away from there. As per Smt. Baby, her husband tried to chase them but they succeeded in running away. Thereafter, the neighbours gathered there and someone called 100 number and the injured was taken to GTB Hospital on a private vehicle.

(3.) On the basis of her statement, PW-31 prepared rukka (EX. PW-31/A) which was sent to the police station. PW-31 also lifted blood sample, blood stained earth and earth control. Statement of crime team was recorded and FIR (Ex. PW-6/B) under Sec. 307/34 IPC and Sec. 27/25 (54/59) of the Arms Act was registered on 23/8/2011. PW-31 also prepared the site plan and statement of police team and persons who had taken the injured to the hospital was recorded on 24/8/2011. PW-31 received DD No.32B regarding death of injured Sudhir during his treatment in the hospital and accordingly, Sec. 302 IPC was added to the FIR. On 25/8/2011, PW-31 joined investigation with PW-34, the Investigating Officer (IO) Insp, J S Mehta. PW-34 conducted further investigation including exhibits, collected the post mortem report, photographs from the crime team, FSL inspection request etc. On 18/11/2011 respondent Imran was arrested by PW-29, SI Yogesh in another case (FIR No. 390/2011 under Sec. 25 of Arms Act) registered in PS Khajuri Khas itself who according to PW-34, during the course of the interrogation, disclosed his involvement in the present case. His disclosure statement is exhibited as Ex. PW-34/E. On 26/11/2011, judicial TIP of the respondent was conducted at Tihar Jail and witness Smt. Baby identified the respondent in the TIP proceedings.