NOOR SALAM Vs. STATE (GOVT. NCT OF DELHI)

JUDGEMENT

(1.) The appellant-Noor Alam has preferred the present appeal against the judgment dated 28.04.2010 and order on sentence dated 30.04.2010 of the Additional Sessions Judge in FIR 326/2004, Police Station Timar Pur (Sessions Case No.1/2002) by which he was convicted for committing offence punishable under Section 307/34 IPC and sentenced to undergo imprisonment for ten years with fine of Rs. 20,000/- and failing to pay fine to undergo Simple Imprisonment for six months.

(2.) Allegations against the appellant were that on 01.07.2005 at about 10:45 P.M. at Pusta, near Ganda Nala, Gandhi Vihar, Timar Pur, Delhi he, in furtherance of common intention with his associates NoorSalam and Mohd.Hafaz Alam (Proclaimed Offender) attempted to murder Samir-ul-Hasan. The appellant caught hold the victim and Noor-Salam fired at him twice with a country made pistol.

(3.) The prosecution examined 16 witnesses to prove the charge. Statement of accused under Section 313 Cr.P.C. was recorded and he pleaded false implication due to enmity. He examined himself in defence. After hearing the learned Additional Public Prosecutor and the counsel for the appellant and appreciating the evidence on record, by the impugned judgment, the appellant was convicted for the offence previously described. Being aggrieved, he has filed the present appeal.