MOHD. ARIF Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) ON 24.11.2009, Police Control Room received an information from one Shahbaz that he had been shot in his house in Gali No. 2, Kabir Nagar. The information, when conveyed to Police Station Jyoti Nagar, was recorded vide DD No 22A, a copy of which was given to ASI Subhash Chand for investigation. When the police officer reached the spot, he came to know that the injured has been taken by his brother to GTB Hospital. When the police officer reached the hospital, the injured Shahbaz was found admitted there and was fit for making statement. In his statement to police officer, the complainant Shahbaz inter alia stated that at about 12.30 AM, when he reached his house in Zafrabad, Shahnawaz, resident of Gali No. 21, Zafrabad, Chhota Pathan @ Babu, Arif, resident of Gali No. 132 and Shahbaz, who were previously known to him, came out of his house and started beating him. Shahnawaz, who were carrying a country -made pistol in his hand, fired a shot and the bullet hit his left side arm. Shahbad gave an iron road on his head, whereas Chhota Pathan held him and exhorted others to kill him saying he (the witness) was an informer of police. Arif, who was carrying a sword in his hand, gave a blow on his back. The complainant further stated that his wife Shaheen, his niece Gulistan, Shabuta as well as his younger brother Shekhu were present in the house at that time. The hands of Shekhu had been tied by the above -referred persons. When his wife Shaheen tried to rescue him, she was pushed by the aforesaid persons. On alarm being raised by his wife and niece, the aforesaid persons started running away. When he (the witness) tried to catch hold of Shahnawaz, he was able to get himself released, but the country -made pistol which he was carrying with him fell on the spot. An FIR under Section 452/324 and 342 of IPC read with Section 34 thereof as well as under Sections 25 and 27 of Arms Act was registered on the aforesaid statement.

(2.) THE appellants Mohd.Arif, Shahbaz Alam, Asif @ Babu @ Chhota Pathan and Shahnawaz @ Samir were charge -sheeted and later charged by the Trial Court under Section 307, 452, 323 and 342 read with Section 34 thereof. Since they pleaded not guilty to the charges, as many as 21 witnesses were examined by the prosecution. One witness, Rahat Ali, was examined in defence.

(3.) GULISTA , niece of the complainant came in the witness box as PW15 and stated that when they were present in the house, someone knocked at the door which then was opened by their maternal uncle Shekhu. Four (4) persons, who had covered their face with cloth entered the house. One of them was carrying a country made pistol with him. Those persons started beating her maternal uncle Shekhu. She also claimed that since the cloth by which one of the persons had covered his face got opened she saw Shahnawaz who was previously known to her, he being a friend of her maternal uncle. She further stated that thereafter those persons left the house, bolting door from the outside and when alarm was raised by them her maternal uncle Shahwaj, who was sitting with the landlord on the first floor, got down. She heard her maternal uncle saying MAAR DIYA MAAR DIYA as also the voice of the assailants. When the door was opened by some neighbours she found that Shahbaz had bullet injuries on the shoulder. She claimed that she could not see the face of the assailants other than Shahnawaz. The witness was cross -examined by the learned Additional PP and during cross -examination she admitted that the assailants had tied their legs and hands besides threatening to kill in case they raised alarm and increasing the volume of TV. PW16 Shagufta is the other niece of the complainant. She deposed on the lines of the deposition made by PW15 Gulista. The complainant could not be examined as a witness since he was murdered on 6.3.2011.