LAWS(DLH)-2015-9-689

SALIM @ AKRAM @ SANTOSH Vs. STATE

Decided On September 17, 2015
Salim @ Akram @ Santosh Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 28.07.2012 and 01.08.2012 respectively wherein the appellant Salim @ Akram @ Santosh stands convicted under Sections 397/307/34 of the IPC. The maximum sentence which has been awarded to him is RI 7 years for his conviction both under Sections 397 as also 307 of the IPC. For his conviction under Section 25 of the Arms Act he has been sentenced to undergo RI for 3 years and for his conviction under Section 27 of the Arms Act he has been sentenced to further undergo RI for 3 years. All the sentences would run concurrently. Benefit under Section 428 Cr.P.C. has also been granted to the appellant.

(2.) The version of the prosecution was that on 02.05.2010 at about 5.50 pm an information regarding the firing of a bullet on a person had been received. The complainant Saurab Aggarwal examined as PW3 had got his complaint registered which was to the effect that after shopping when he was going on his motorcycle to Karol Bagh to drop his friend Vidhi Verma to her house, a motorcycle black in colour, on which two persons were sitting came in front of him. Pillion rider snatched the red coloured purse and tried to flee. PW3 chased them. The pillion rider showed him a pistol and asked him to return back but when PW3 continued to chase them, the pillion rider fired from his pistol. On reaching Shiv Murti Shamshan Ghat the motorcyclists stopped their motorcycle and changed their positions. Constable Azadveer who was on patrol duty examined as PW-5 was informed of the same. Out of the two assailants, Salim @ Akarm @ Santosh was caught but the other person managed to flee.

(3.) Prosecution in support of its case examined as many as 20 witnesses of whom the star witness was the complainant examined as PW3. PW-5 Constable Azadveer was the person who had offered help to the complainant; he had been shot on his left leg; PW-6 Constable Vijay Bahadur had removed the injured to the Hospital for his medical examination. The injuries suffered by PW-5 were opined to be grievous.