SURESH CHAND SHARMA Vs. STATE

JUDGEMENT

(1.) For the reasons stated in the application, the same is allowed. CRL.A. No. 385/2011

(2.) By the judgment dated 14.12.2010 and the order on sentence dated 15.12.2010 the Appellant was convicted for the offence punishable under Section 302/307 of the Indian Penal Code (IPC) and under Section 27 of the Arms Act, 1959 and was sentenced to undergo imprisonment as under:-

(3.) The prosecution case is that Suresh Chand Sharma (the Appellant) was working as a Machine Operator in FILO Pvt. Ltd. (FILO) owned by PW-1 Mrs. Natasha Kohli. On 16.11.2000 at about 12:00 noon the Appellant walked into PW-1's office. He took out a country made pistol from the pocket of his Kurta and aimed it at PW-1's head. The Appellant pulled the trigger but the Katta did not go off. PW-1 was dictating something to Prachi Bhargava, the Production Manager (in FILO) across the table. PW-1 screamed, inviting attention of P.V.V.S. Murthy (the deceased) who was at the reception (counter). The deceased went inside the office, caught hold of the Appellant from the back. He pulled the Appellant outside the office. PW-2 Dinesh also helped the deceased in leading the Appellant out of the office. The deceased and Dinesh tried to snatch the country made pistol from the Appellant. He (the Appellant) pulled the trigger, resulting in a shot landing in the deceased's abdomen. The deceased fell down on the ground; the Appellant tried to escape on his motorcycle, No.DL-3SU-8268. PWs 2 and 7 tried to apprehend the Appellant. He was, however, successful in escaping from the spot, leaving his motorcycle outside the FILO office.