VIDHYA BHUSHAN Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 21/3/2018 and order on sentence dtd. 28/3/2018 passed by the learned ASJ-02, North Rohini Courts, Delhi in SC No. 57949/2016, arising out of FIR No. 169/2011 under Sec. 302 IPC and 25/27 Arms Act, registered at Police Station Aman Vihar, Delhi. The appellant has been convicted to rigorous imprisonment for life under Sec. 302 IPC and a fine of Rs.5000.00. In default of payment of fine, he has been directed to undergo simple imprisonment for 6 months. The appellant has further been sentenced to rigorous imprisonment for 2 years and a fine of Rs.2000.00 under Sec. 25(1B)(a) Arms Act. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for 2 months. He has further been sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs.3,000.00 under Sec. 27(1) of Arms Act, in default whereof he has been sentenced to undergo simple imprisonment for 3 months. All the sentences have been directed to run concurrently by the Sessions Court. Benefit of Sec. 428 Cr.P.C. has also been given to the appellant.

(2.) Brief facts, as stated in the charge sheet are that on receipt of DD on 5/6/2011, the S.I. on duty, Mahavir Singh along with two constables reached the spot of incident, i.e., DDA ground, Prem Nagar-3. On the spot there was a pandaal of puja and on the stage near the right side of pandaal, blood was lying, and on the curtain on the right side, there was a hole of bullet. On inquiries, it was revealed that one Jyoti Prakash @ Jai Prakash @ J.P. (deceased) had received bullet injury and that he had been taken to hospital.

(3.) Thereafter S.I. Mahavir Singh reached the hospital and came to know that the injured had died during treatment. He recorded the statement of father of the deceased, PW-3 who stated that his son, the deceased, was residing in Prem Nagar - 3 along with his wife, Rinku @ Lali. The deceased was holding a yagya from 30/5/2011, which was to continue till 7/6/2011. The yagya was being carried out at DDA ground, near Sukhi Nehar, Prem Nagar - 3. On the date of the incident i.e. 5/6/2011, like every day, the yagya started at around 4:30 - 5:00 PM, in which many persons of the locality and their known joined. At around 7:45 PM after the Aarti finished, the deceased went to the stage to help Maharaj ji come down from the aasan and was alighting from the stairs of the stage, when somebody fired from behind the curtain which struck him on his back, and he fell down. When PW-3 peeped through the Shamiyana, he saw one young person having rucksack on his back and having a pistol in his hand. He was running from the back of the Shamiyana and two - three persons from the yagya also ran after him. The said person looked back after running for some distance, and thereafter he ran away into a gali.