AMIT ALIAS PANDYA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 25th July, 2014 passed by the learned Additional Sessions Judge in S.C. No.136/11 convicting the Appellant for the offences under Section 307 IPC and Section 27 of the Arms Act, 1959 (Arms Act) and the order on sentence dated 31st July 2014, sentencing him to undergo 5 years rigorous imprisonment (RI) and fine of Rs.10,000/- and in default to undergo six months simple imprisonment (SI) for the offence under Section 27 of the Arms Act and 7 years RI and fine of Rs. 30,000/- and in default to undergo SI for six months for the offence under Section 307 IPC. Both the sentences were directed to run concurrently.

(2.) Virender Singh @ Binder (PW-2) had received some injuries in an incident at Sonepat and was undergoing treatment at the Sushrut Trauma Centre in Delhi. On 14th November 2010 at around 6:30 pm, his brother Ajeet (PW-1) had gone to fetch milk for PW-2. At that time PW-2 was lying on the bed. In his statement before the police on 17th November 2010 (Marked "X"), PW-2 stated that the Appellant had entered the room and enquired about his name to which PW-2 replied that his name is Binder. The Appellant then enquired about Ajeet (PW-1). This raised the suspicion of PW-2. He signaled towards the exit gate to indicate that Ajeet had gone out. As Amit moved towards the exit gate, PW-2 ran away from the ward. Amit chased PW-2 and fired upon him from the pistol which he was holding. Fortunately for PW-2 the said pistol did not fire. Amit then threw away the said pistol and continued chasing PW-2. Thereafter PW-2 entered a bathroom which was at the end of a corridor. There the Appellant fired four gun shots. As PW-2 entered the bathroom, the Appellant forcedly opened the door and fired two more shots. In the meanwhile PW-1 reached there and both he and PW-2 caught hold of the Appellant. PW-1 snatched the pistol from the hands of the Appellant.

(3.) In the meanwhile Inspector Rakesh Kumar (PW-5), who was posted at Police Station (PS) Civil Lines received information regarding the entry of a person with arms and ammunition into the Trauma Centre. When he entered the Trauma Centre at around 6:45 pm, PW-5 heard the noise of firing. He went to the bathroom, where the firing was taking place, and saw a person lying on the floor and two others in a scuffle, one of whom was with a pistol whom he later identified as the Appellant. PW-5 challenged the Appellant with his service revolver. The Appellant then surrendered. PW-5 snatched the pistol from the Appellant's hands. The magazine of the pistol was lying on the floor.