KAYYUM Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Kayyum (the appellant) impugns the legality and correctness of a judgment dated 18.11.2010 in Sessions Case No.43/09 arising out of FIR No.425/2002 registered at Police Station New Seelam Pur by which he was held guilty for committing offence under Section 307 IPC and 25 Arms Act. By an order on sentence dated 19.11.2010, he was awarded RI for seven years with fine Rs. 5,000/- under Section 307 IPC and RI for one year with fine Rs. 1,000/- under Section 25 Arms Act.

(2.) Allegations against the appellant were that on 08.12.2002 at 02.45 p.m. in front of MCD office near Pragati Library, Double Storey, Seelam Pur, he inflicted injuries to Mohd.Firoz Khan by firing at him with a country made pistol in an attempt to murder him. On 04.01.2003, the appellant was found in possession of a desi katta in contravention of the notification and provisions of Arms Act. During investigation, statements of witnesses conversant with the facts were recorded. The exhibits were sent to Forensic Science Laboratory for examination. After police investigation, a charge-sheet was filed in the court against the appellant; he was duly charged; and brought to trial. The prosecution examined 17 witnesses to prove his complicity in the crime. In 313 statement, he denied the incriminating circumstances and pleaded false implication. He did not prefer to lead any evidence in defence. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the appeal.

(3.) During the course of hearing of the appeal, appellant's counsel on instructions stated at Bar that the appellant has opted not to challenge the findings of the trial court on conviction and has opted to accept it voluntarily. He, however, prayed to modify the sentence order as the appellant has remained in custody for about four and a half years. He is not a previous convict and has six children to take care of them. He offered to pay reasonable compensation to the complainant. Learned APP has no objection to it.