AAYUB Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present petition under Sec. 438 read with Sec. 442 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has been filed seeking the following prayers: -

(2.) Briefly stating facts of the present case are that, on 10/6/2015 at around 02:10 AM, vide a DD No. 4A of the even date, an information was received at PS Geeta Colony from LNJP Hospital whereby it was informed that one person named Shahzad s/o Shakir, aged 23 years, had been admitted in the hospital as he had arrived there from his home in an injured condition and that an Investigation Officer is required in the hospital. In pursuance of this information, SI Vinit along with Ct. Shish Pal went to LNJP Hospital and collected a MLC No. ECF-006966 dtd. 10/6/2015, whereby the aforenamed Shahzad was reported to have sustained injuries by firearm near his home. Subsequently, the injured/complainant was declared fit to make statement, however, he refused to make any statement to the SI present in the hospital. Then, SI Vinit went to the alleged crime spot, i.e., the home of the injured and inquired regarding the happening of the alleged incident of firing of gunshots. Thereafter, FIR No. 340/2015, under Ss. 307/34 of the IPC and Ss. 27/54/59 of the Arms Act, 1959, was registered at PS Geeta Colony.

(3.) Then, on 11/6/2015, SI Vinit again went to the crime spot and inquired from the neighbors regarding the alleged incident, however, all the efforts were in vain. SI Vinit, again on the same day, went to LNJP Hospital and recorded the statement of the injured, Shahzad, wherein, the latter give a detailed statement narrating the entire incident and stated that on 9/6/2015, during night at around 11:30 PM, when he was surfing on internet in mobile phone while sitting on slab outside the gate of his house, the present petitioner along with 2-3 boys came there and fired a gunshots at him by taking out a country made pistol (katta). Investigation was conducted in the aforesaid FIR and chargesheet was filed on 15/1/2021 arraying the present petitioner as accused in the present case.