AMAN Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed under Sec. 483 read with Sec. 528 of BNSS, 2023 seeking regular bail in connection with FIR No.291/2017 under Ss. 302/307/34 IPC registered at P.S. Kanjhawala, Delhi.

(2.) The case of the prosecution is that on 18/7/2017 when the complainant Pawan Kumar was going on a motorcycle along with his brother ' Pradeep Kumar (the deceased), the petitioner and his three associates came from behind in a car, blew horn and asked the complainant to give them way. When the complainant moved aside, the accused persons blocked their way and an altercation took place in which deceased was shot. The complainant was also hit on his thigh.

(3.) The learned counsel appearing on behalf of the petitioner submits that the case of prosecution is based only on the testimony of sole eye-witness, namely, Pawan Kumar (complainant) who has been examined as PW-12. Inviting attention of the court to the statement of Pawan Kumar (PW-12), he submits that the eye-witness failed to identify the present petitioner in the court. The said witness was also cross-examined by the learned APP, who gave suggestion to PW-12 that he is intentionally not identifying the petitioner present in court as he has been won over by him, which suggestion was also denied by the said witness.