RAHUL @ SUNNY Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) RAHUL @ Sunny questions the correctness and legality of a judgment dated 09.05.2012 of learned Additional Sessions Judge in Sessions Case No.107/2011 arising out of FIR No.243/2007 registered at Police Station Kanjhawala by which he was convicted under Section 307 IPC and 25/27 Arms Act. By an order dated 17.05.2012 he was awarded rigorous imprisonment for seven years with fine Rs.10,000/ - under Section 307 IPC and rigorous imprisonment for three years with fine Rs.2,000/ - under Section 25/27 Arms Act. Both the sentences were to operate concurrently.

(2.) ALLEGATIONS against the appellant were that on 15.12.2007 at about 02.30 P.M. near Dada Mundu Karala, he inflicted injuries to Rajneesh by firing at him with desi katta in an attempt to murder him. Daily Dairy (DD) No.16A (Ex.PW14/A) was recorded at 04.10 P.M. at Police Station Kanjhawawla on getting information from Dr.S.Mittal of Brahmshakti Sanjivani hospital about admission of Rajneesh s/o Satbir by his friend Sunil due to fire shot on head. DD No.17/A (Ex.PW -14/B) was recorded at 04.32 P.M. The information about the occurrence was conveyed from telephone No.9211239057 by Satbir about the incident. The investigation was assigned to ASI Johar Singh who with Const.Rakesh went to the spot. He lodged First Information Report after recording Rajneesh's statement (Ex.PW12/A). During the course of investigation statement of witnesses conversant with the facts were recorded. Rahul @ Sunny was apprehended and arrested. Pursuant to his disclosure statement, a country made pistol was recovered on 18.12.2007. After completion of investigation, a charge -sheet was filed against Rahul @ Sunny for committing the aforesaid offences. The accused was duly charged and brought to trial. The prosecution examined fourteen witnesses to establish its case. In 313 statement, the appellant pleaded false implication and denied complicity in the crime. After considering the rival contentions of the parties and on appreciating all the evidence, the trial court by the impugned judgment held the appellant perpetrator of the crime for the aforesaid offences. Being aggrieved, the appellant has filed the present appeal.

(3.) THE occurrence took place at around 02.30 P.M. DD No.16A (Ex.PW -14/A) and DD No.17A (Ex.PW -14/B) were recorded at 04.10 and 04.32 P.M. respectively after admission of injured Rajneesh at Brahmshakti Sanjivani hospital. MLC (Ex.PW -3/A) records the arrival time of the patient at Brahmshakti Sanjivani hospital as 03.50 P.M. The investigating officer after recording complainant -Rajneesh's statement (Ex.PW -12/A) sent the rukka (Ex.PW -14/C) for lodging First Information Report at 06.30 P.M. Apparently, there was no inordinate delay in registration of the case. At the first available opportunity, the complainant disclosed detailed account of incident as to how and under what circumstances, Rahul @ Sunny had fired a bullet on his head when he was going in his car bearing No.7619 to Begumpur at about 11.00 A.M. He further disclosed that after the firing, Rahul @ Sunny along with his associate fled the spot and he informed his friend Sunil about the occurrence. Since the FIR was lodged without any delay there was least possibility of the complainant to fabricate or concoct a false story in such a short interval. While appearing as PW -12, Rajneesh in his Court statement proved the version given to the police at the earliest opportunity without any variation and implicated the appellant for inflicting injuries to him with a country made pistol. He deposed that on 15.12.2007 at about 11.00 A.M. he left in his car bearing No.DL -3CQ -7619 Essent for Begumpur for giving earnest money/bayana to purchase a plot there. Rahul @ Sunny who was acquainted with him and was a nephew of Naubat resident of the same village boarded his car. He was accompanied by his friend from the same village but was not known to him. When they left for Karala and reached near Dada Mando Mandir out of the village, Rahul @ Sunny who was sitting on the back seat behind him fired at his head from behind. After the firing, he and his friend ran away from the spot. The occurrence took place at about 02.30 P.M. Thereafter he made a telephone call to his friend Sunil of village Barwala and informed him about the occurrence and requested him to come along with his father there. Thereafter Sunil along with his father came and he was taken to Brahmshakti Sanjivani hospital where his statement (Ex.PW -12/A) was recorded. In the cross -examination, he admitted that the appellant was known to him for the last about 5/6 years. He denied the suggestion that there was previous dispute between him and the appellant. He was put number of questions regarding his involvement in criminal cases. He denied that he was feeling jealous due to status and business of the appellant and falsely implicated him on that count. He explained that he did not make any call to PCR as he felt that if he called the police party, they would waste time in formalities and would take him to some government hospital where he might not get proper treatment and therefore to save his life, he first made a call to his friend.