NADEEM Vs. STATE OF NCT

JUDGEMENT

(1.) Appellant who is a victim of murderous assault by Respondents No.2 to 4 approaches this Court under Section 372(proviso) for enhancement of sentence to them as they were released on furnishing bond of good conduct under Section 4 of the Probation of Offenders Act, 1958(Act of 1958) after having holding them guilty under Section 307 Indian Penal Code (IPC).

(2.) The Appellant is brother of Wasim. Wasim is husband of Shabnam.

(3.) As per prosecution version, on 16.05.2007 at about 12 midnight Appellant Nadeem was sitting on the stairs leading to his house when the three Respondents came there. It is alleged that the three Respondents who were accompanied by one more person at that time wanted to know about Wasim. The Appellant allegedly informed the Respondents that Wasim might be available on the second floor where he used to reside with his parents. In the meanwhile Rashid exhorted his brother Shahid to finish the job by saying "Dekhta kya hai kaam jaldi kar de?. Shahid allegedly took out a country-made pistol and fired on the complainant/Appellant. He suffered a bullet injury on his right arm and started bleeding. The three Respondents along with their fourth associate escaped from the spot. The Appellant's employee Dilshad (PW10) witnessed the incident. On hearing the cries of his son, the Appellant's father came downstairs and noticed the three Respondents along with one more person fleeing from the spot. The Appellant was removed to Guru Teg Bahadur (GTB Hospital). He was initially treated in the emergency ward and was later referred to orthopaedics and surgery emergencies for further treatment. The doctor opined that there was no blackening on the site of injury as the wound was not caused from the firearm at a close range.