USMAN Vs. STATE N C T OF DELHI

JUDGEMENT

(1.) This appeal arises from the conviction of appellant Usman on the charge under Section 302 IPC and Section 25/27 of the Arms Act in Sessions Case No.66/2008, FIR No.408/2007 Police Station Sarita Vihar in terms of the impugned judgment of the Additional Sessions Judge dated 13.10.2009. The appellant has been sentenced to undergo imprisonment for life and also to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of six months.

(2.) Briefly stated, case of the prosecution is that on 30.05.2007 at 3.24 p.m. information was received at P.S. Sarita Vihar from Constable Rameshwar of PCR that one boy has been shot at BBlock, Kacchi Colony, Madanpur Khadar. This information was recorded in Daily Diary register maintained at P.S. Sarita Vihar as DD No.18 dated 30.05.2007(Ex.PW-14/A). Copy of the DD report was forwarded to A.S.I. Satbir Singh through Constable Mam Chand and the information was also conveyed to the Incharge police post, who proceeded for the spot of occurrence.

(3.) On the receipt of the DD report, the Incharge Police Post S.I. R.Y. Pandey(PW-8) along with Constable Prakash Chand (PW- 11) proceeded for the spot of occurrence. When they reached near Samosa Chowk, they found the appellant being chased by some public persons. He was holding a pistol in his hand. In the meanwhile, PCR van Eagle 27 also arrived there in which Head Constable Shakti Chand and Constable Hari Babu Meena were present. S.I. R.Y.Pandey along with the said police officials apprehended the appellant and seized the pistol from his hand. On checking, the pistol was found to contain one live cartridge in its magazine. S.I. R.Y.Pandey prepared sketch of the cartridge as well as the pistol and, thereafter, converted them into sealed pullandas and seized the same. The appellant was sent to the police post in the PCR van and S.I. R.Y.Pandey went to the spot of occurrence where he met A.S.I. Satbir Singh (PW-1) and Constable Mam Chand. Some blood was there on the ground. Injured had been taken to the hospital. S.I. R.Y.Pandey, therefore, went to All India Institute of Medical Sciences (AIIMS), New Delhi where he met complainant Ms.Josphina (PW-3), mother of the child Ashish who had been declared dead. S.I. R.Y.Pandey recorded the statement of Ms.Josphina (Ex.PW-3/A) and came back to the spot. From there he sent the said statement along with his endorsement to the police station for the registration of FIR. S.I. R.Y.Pandey, during investigation, lifted the blood stained earth as well earth control and also recorded the statements of the witnesses. When the appellant was apprehended, his pant was found stained with blood which was also seized. The case property was sent to FSL for examination and the dead body of the deceased was sent for post mortem examination. After collecting the reports of FSL examination and post mortem examination and completing the investigation, charge sheet was filed under Section 302 IPC against the appellant.