IDRISH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Mohd.Idrish(appellant) challenges the correctness of the judgment dated 23.05.2013 of learned Additional Sessions Judge in Sessions case No.61/11 arising out of FIR No.115/10 P.S. Paschim Vihar u/s 304/324/34 IPC vide which he was held guilty for committing offence punishable u/s 304 Part II IPC and Section 324 IPC and Order on sentence dated 24.05.2103 vide which he was sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs.2,000, in default simple imprisonment for 15 days u/s 304 Part II IPC and rigorous imprisonment for 1 year u/s 324 IPC. Both the sentences were ordered to be run concurrently. Benefit of Section 428 Cr.P.C was given to the convict.

(2.) The gravamen of the prosecution case is that on 11.04.2010, Rakesh Kumar, son of Kundan Lal was going in a TSR to Rohini Sector 20 at about 11 p.m. When the TSR reached Behra Enclave underpass, Outer Ring Road at about 11.15 p.m, one motor cycle came from behind. Idrish was sitting on the pillion seat. After bringing the motor cycle near the TSR, accused Idrish threw acid on him, as a result of which he sustained burn injuries. Some of the substance also fell on the TSR driver who also sustained burn injuries. Rakesh Kumar informed his wife Kiran and asked her to reach near Ghorewala Mandir. Rakesh Kumar himself reached Ghorewala Mandir in another TSR. His wife took him to RML hospital where proper treatment was not administered to him, as such he was removed to Safdarjung hospital. On receipt of DD No. 36A, Ex.PW2/A from Duty Officer regarding throwing of acid at underpass near Peeragarhi, PW2 ASI Dilbagh Singh along with PW5 Ct. Sunil reached the spot where he found a TSR bearing registration No.DL-1R-C-0641. He went to SGM hospital where he came to know that one Amit was provided treatment and thereafter discharged. On receipt of information from RML hospital that one Rakesh in injured condition on whom the acid had been thrown was admitted in the hospital, ASI Dilbagh Singh reached RML hospital but could not find Rakesh there. On the next day i.e. 12.04.2010, SI Sita Ram of P.S. Khayala informed him that Rakesh, the injured of this case has been admitted in Safdarjung hospital and as such he reached Safdarjung hospital and found Rakesh admitted there. After taking permission from the concerned Doctor to record the statement of Rakesh, he recorded his statement Ex.PW2/B and got the case registered u/s 326/34 IPC. During the course of investigation, accused/appellant was arrested. However, co-accused could not be arrested. On 08.07.2010, family members of the injured informed the police officials about the death of Rakesh, as such the dead body was sent to SGM hospital. Post mortem on the dead body was got conducted. Viscera was sent to FSL. After completing investigation, charge-sheet was submitted u/s 304/324/34 IPC.

(3.) In order to substantiate its case, prosecution examined 20 witnesses. Except mere denial of the offence alleged against the accused in his 313 questionnaire, no other specific stand was taken by the appellant nor was any defence evidence- oral or documentary placed before the Court. Based on the evidence before the Trial Court and the incriminating circumstances existing against the appellant, the conviction and sentence came to be imposed by the Trial Court which has been assailed by filing the present appeal.