SHAKILUDDIN @ BABLOO Vs. STATE

JUDGEMENT

(1.) The present revision petition U/s 397/401 Cr.P.C. has been filed by the petitioner/revisionist with prayer to set aside the impugned order dtd. 9/1/2020 passed by Ms. Neelofer Abida Perveen, Additional Sessions Judge, (Central), Tis Hazari Courts, Delhi vide which the Ld. Trial Court ordered to frame the charge U/s 302 IPC against the petitioner/revisionist.

(2.) In brief, the facts of the case are that on 29/12/2017, complainant alongwith his son went to house No. 808, Kamra Bangash to attend the marriage of son of one Shahid who was also residing at Kamra Bangash. During the barat procession, the complainant, his son and other persons were watching the barat from roof. The petitioner/revisionist was also present in the said barat and at about 11:00 p.m. petitioner/revisionist started firing from his pistol and fired one bullet towards the son of the complainant which hit him on the right side of his chest. The son of the petitioner fell down and thereafter he was removed to the hospital.

(3.) Initially, on the statement of the complainant and the MLC a case U/s 307/336 IPC and 27/54/59 Arms Act was registered. Thereafter injured Naeem died and sec. 302 IPC was substituted in place of sec. 307 IPC.