ANWAR @ ADDHA Vs. STATE

JUDGEMENT

(1.) By a common impugned judgment dated 25 th August, 2011, the two appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) for having committed murder of Amit Kumar Sundariyal and under Section 307 read with Section 34 IPC for attempted to kill the complainant Ramesh Chand Sundariyal (PW-1). The impugned judgment holds that the prosecution has failed to prove charges under Sections 452/493/398 IPC beyond doubt. State has not preferred any appeal against acquittal of the appellants under the said sections. By order of sentence dated 5 th September, 2011, the two appellants have been sentenced to life imprisonment for offence under Section 302/34 IPC and fine of Rs.5,000/- each. In default of payment of fine, they have to undergo Simple Imprisonment of 06 months each. The appellants have been sentenced to Rigorous Imprisonment of 7 years for the offence under Section 307/34 IPC and fine of Rs.2,000/- each. In default of payment of fine, they have to undergo Simple Imprisonment for 2 months each.

(2.) Homicidal death of Amit s/o Ramesh Chand Sundariyal (PW-1) is virtually undisputed and is proved beyond doubt from the testimony of PW-1, who was present with Amit in their medical store/shop at F- 3/4, Dayalpur Extension, Main Road, Karawal Nagar, Delhi at about 10.45 p.m. on 21st August, 2006. Amit was fired at by a person, who had tried to enter the shop. PW-1 has deposed that the shot had hit on the shoulder of Amit. PW-1 rushed towards the person, who had fired the shot, to overpower him. PW-1 was fired at and got injured when shot hit his right hand. Thereupon, Amit rushed to save him and at that time Amit was hit by another shot. The assailants fired another shot which touched PW-1's abdomen and then probably hit his son.

(3.) The injuries suffered by PW-1 and the deceased have been proved by Dr. Devender Kumar (PW-22), who had prepared the MLC (Ex.PW22/A) of PW-1 dated 28th August, 2006. MLC records that PW-1 had alleged history of gunshot injuries. On local examination, he found an entry wound on ventral and an exit wound on the medially near the right hand wrist. Abrasion on the epigastric region was also found. After examining the wound, one Dr. Sumit Chakravarti had recorded that as per the surgical record, the nature of injury was "simple". Dr. R.P. Singh on 21st August, 2007 after examining the Xray had opined that the injury was "grievous". The patient, i.e., PW-1 was admitted into the hospital as per the MLC.