PREM NATH Vs. STATE

JUDGEMENT

(1.) Appellant Prem Nath@ Munna impugns the judgment dated 30.03.2014 and order on sentence dated 31.03.2014 in Sessions Case No.27/2011 arising out of FIR No.390/1991, P.S. Trilokpuri whereby he was convicted for offence punishable u/s 186/307/34 IPC and was sentenced to undergo RI for a period of 3 months for offence punishable u/s 186/34 IPC and was also awarded RI for a period of 5 years and fine of Rs.10,000/- for offence punishable u/s 307/34 IPC, in default to further undergo SI for 6 months. Both the sentences were to run concurrently. The convict was granted benefit of Section 428 of Cr.P.C.

(2.) Prosecution case lies in a narrow compass. On 07.07.1991, at about 2.30/3 a.m., Constable Ram Lal(PW2) and Constable Zia Lal (PW14) during patrolling reached Pocket-5, Mayur Vihar, Phase-I where one tent was to be affixed. The appellant along with his co-accused Mohan Lal(PO) and two other assailants(not arrested) came and one of them was carrying a bag on his shoulder. When they were stopped and asked as to from where they were coming from at such odd hours, Prem Nath and his co-accused Mohan Lal fired at the stomach of both the Constables, as a result of which they sustained injuries. Complainant Israr Khan, brother of the tent owner and who was known to Constable Ram Lal from earlier, witnessed the incident and removed the injured to hospital. During the course of investigation, accused Prem Nath and Mohan Lal were arrested.

(3.) Charge for offence u/s 186/307/34 IPC were framed against the accused persons to which they pleaded not guilty and claimed trial. After certain witnesses were examined by the prosecution, accused Mohan Lal stopped appearing in the Court, as such after initiating proceedings against him, he was declared Proclaimed Offender. Proceedings continued qua the present appellant.