JAGAN Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11th September 2008 passed by the learned Additional Sessions Judge ("ASJ") in SC No. 18 of 2006 convicting the Appellant for the offence under Section 307 IPC and the order on sentence dated 15th September 2008 whereby the Appellant was sentenced to rigorous imprisonment ("RI") for 3 years and fine of Rs. 21,000 and in default to undergo simple imprisonment for 6 months.

(2.) The case of the prosecution is that SI Ramanand (PW-6) was posted at Police Station ("PS") Sangam Vihar on 9th October 2005 on emergency duty. On that day, he received DD No. 14B (Ex.PW-6/A) in which it was stated that firing had taken place at A-86, Tigri Colony, Masjid Road. The PCR Form (Ex.PW-11/A) was filled up by Constable Suresh Chand (PW-11) at around 3.36 pm. It showed that information was received from phone No. 20060039 to the effect that at the spot there was an attack by a lot of people. It was confirmed by SI Brahm Prakash (PW-15) who was the Investigating Officer ("IO") that the intimation as recorded in the PCR Form was given by the Appellant (the accused) from his mobile phone No. 20060039.

(3.) When PW-6 reached the spot along with Constable Ajit Singh (PW- 13), they found a crowd present there. Sohan Lal (PW-10) met them and gave a statement (Ex.PW-6/B) in which he stated that he resided at A-86, Tigri Colony. He stated that at around 3.30 pm a water tanker arrived in the street. He and certain others were fetching water from the water tanker. At that time, the Appellant came there to get water and placed his bucket in front of their buckets. When PW-10 protested, the Appellant took out his pistol and fired at PW-10. Immediately PW-10 ducked towards one side and the fire hit one Deep Chand (PW-14) who was standing behind PW-10.