SANJAY @ PUNTI AND ANR Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 9 th April, 2013 and order on sentence dated 22nd April, 2013 passed by the learned Additional Sessions Judge/Special Judge, NDPS-02 (Central), Delhi in Sessions Case No.45/2011 arising out of FIR No.93/2010 u/s 307/34 IPC registered with PS Maurice Nagar whereby the appellants were sentenced to undergo rigorous imprisonment for 5 years each and fine of Rs.10,000/- each u/s 307/34 IPC, in default of payment of fine, simple imprisonment of three months each. Benefit of Section 428 Cr.P.C. was given to the convicts.

(2.) The gravamen of the prosecution case is that FIR No.93/2010, PS Maurice Nagar was registered on the statement of PW1-Pradeep Kumar @ Bunty S/o Vijay Pal, R/o H. No. 723, Nehru Kutiya Near Ambedkar Park, Malka Ganj, Delhi-07 on 13th November, 2010. In his statement, complainant Pradeep Kumar stated that on 12th November, 2010, he along with Rajesh and Parvesh went to a Dhaba at Malka Ganj to take dinner. After dinner at about 12:00 AM, they were returning home in their car No.DL-3-CK-7831 Maruti Zen and when they reached Malka Ganj crossing, two boys, namely, Sanjay @ Punti and Raju @ Hakla riding on a motorcycle came near the car. Sanjay was driving the motorcycle. Thereafter, Raju who was pillion, fired on their car and the bullet hit on the right shoulder of Pradeep Kumar. Rajesh who was driving the car tried to take a right turn towards Gurudwara Road but in the effort, the car hit the police barricade. After that trio occupants came out from the car, they narrated the incident to the police personnel who were present near the barricades. In the meantime, Sanjay and Raju came again on the motorcycle and fired 2-3 times on Pradeep, Rajesh and Parvesh and fled away from the spot. Pradeep Kumar was got admitted in Hindu Rao Hospital vide MLC No.8507/10 (Ex.PW19/A) and he was discharged after 15 days. The MLC result of the injured obtained from hospital and nature of injury was found to be simple. During the investigation both the accused persons were arrested and charge sheet of the case was filed on 5th May, 2011. After the case was committed to the Court of Sessions, charge under Section 307/34 IPC was framed against the appellants who pleaded not guilty and claimed trial.

(3.) In order to nail the accused persons, prosecution examined 23 witnesses. The accused persons in their statement recorded u/s 313 Cr.P.C. claimed their innocence and alleged false implication in this case. According to the accused Sanjay @ Punti, he was falsely implicated on account of previous enmity with PW3-Rajesh who had been named as an accused in murder trial with respect to his brother Rajesh, S/o Om Prakash in case FIR No.303/08, PS Sabzi Mandi. According to accused Raju @ Hakla, he was falsely implicated by PW3-Rajesh due to his inimical terms with co-accused Sanjay @ Punti. One witness was examined in defence. By impugned judgment, the appellants were convicted under Section 307/34 IPC and sentenced as mentioned hereinbefore. Therefore, the appellants have assailed the findings by filing the present appeal.