NALBIR Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This is an appeal against the Judgment dated 26th February, 2005 and Order of Sentence dated 28th February, 2005, whereby the appellant was convicted under Section 307 of IPC and was sentenced to undergo RI for 10 years and to pay fine of Rs.2,000/- or to undergo SI for four months in default.

(2.) On 13th April, 2000, SI Ramesh Chand of Police Station Kanjhawla, went to Village Jonti, on receipt of copy of DD No.44-B. He came to know that injured had been taken to Jaipur Golden Hospital. When he reached the hospital, the injured was found unfit for statement. His grandfather Ziley Singh was, however, present in the hospital and lodged a complaint Ex. PW- 1/A. The complainant alleged that on that day, he was going to meet one Prakash. His grandson, Sarwan Kumar was going ahead of him, at a distance of about 10-15 yards. When they reached near the house of Sher Singh at about 6.00 pm, appellant Nalbir, who was a resident of the village and with whom they had previous enmity on the issue of land and a civil litigation was also pending in Civil Court, fired a shot on his grandson from the back. The bullet hit the spinal cord of his grandson. On account of his advanced age, the complainant could not apprehend the appellant, despite effort made by him.

(3.) During trial, the prosecution examined as many as 21 witnesses. One witness was examined in defence.